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TITLE: LIBERIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
LIBERIA
In 1993 Liberia remained divided geographically and factionally
into three main regions and competing political-military groups
as a result of the 4-year civil war. The Interim Government of
National Unity (IGNU), a coalition of political parties and
interest groups led by President Amos Sawyer, administered
Monrovia and the expanded perimeter around it secured by the
Economic Community of West African States (ECOWAS) Cease-fire
Monitoring Group (ECOMOG). Over half of the country's current
population resided within IGNU's area. The Charles Taylor-led
National Patriotic Reconstruction Assembly Government (NPRAG)
and its political-military arm, the National Patriotic Front of
Liberia (NPFL), held several central and southern counties.
The anti-NPFL United Liberation Movement for Democracy in
Liberia (ULIMO), led by Alhaji Kromah, controlled the three
western counties and portions of two central counties. The
other important warring faction is the Armed Forces of Liberia
(AFL), the remnants of the late President Samuel Doe's army,
which is nominally subordinate to IGNU but also has close ties
to ULIMO. During the last quarter of the year, the Liberian
Peace Council (LPC), which has ties to the AFL, initiated a
military campaign against NPFL control of the southeastern
counties while the Lofa Defense Force (LDF) emerged in the
northwest to challenge ULIMO.
The three major Liberian groups (IGNU, NPFL, ULIMO) executed a
peace accord on July 25--the third such agreement since 1990--
under the auspices of ECOWAS, the United Nations, and the
Organization of African Unity (OAU). The accord reestablished
a cease-fire and provided for demobilization of warring
factions, a unified national transitional government, and free
elections by March 1994. However, there was little movement
through the rest of the year in implementing the accord,
primarily because of factional differences in interpreting the
accord and delays in the arrival of additional peacekeepers
needed to help carry out disarmament. In September the United
Nations Security Council established a U.N. Observer Mission in
Liberia (UNOMIL), in accordance with the peace accord, to help
ECOMOG monitor the cease-fire and disarmament. By year's end,
over 270 of an expected 303 UNOMIL military observers had
arrived in Liberia.
The July accord helped stabilize the military situation which
had been in flux since October 1992, when ECOMOG forces,
assisted by AFL and ULIMO troops, successfully defended
Monrovia against NPFL attacks. Subsequently, the ECOMOG
extended the capital's defensive perimeter in the first months
of the year, taking the port of Buchanan, Liberia's second city
approximately 50 miles southeast of Monrovia, and Kakata, a key
transportation hub 30 miles northeast of Monrovia. Meanwhile,
ULIMO displaced the NPFL from substantial areas in northwestern
and central Liberia. By April fighting subsided to sporadic
low-intensity encounters along the enlarged perimeter.
ECOMOG assumed most police powers in Monrovia because the IGNU
police force, reconstituted in 1991, initially was unarmed and
ineffective, although IGNU later formed some relatively better
equipped armed special security units. NPFL and ULIMO military
and police forces asserted control in their areas. There were
massive human rights violations by NPFL, ULIMO, and AFL units
during 1993. While ECOMOG forces generally conducted
themselves well, they were also responsible for a number of
serious abuses (see Sections 1.a. and 1.g.).
The civil war-ravaged economy, previously based primarily on
iron ore, rubber, timber, diamonds, and gold exports, continued
to decline. The year's gross domestic product was projected at
less than half of prewar levels. Massive emergency operations
by the United Nations, as well as by American and other
Western-based relief agencies and nongovernmental organizations
(NGO's), brought subsistence-level humanitarian assistance to
most Liberians. These operations continued throughout 1993 but
were periodically suspended outside of Monrovia because of
intermittent fighting, harassment of relief workers by
combatants, and security restrictions imposed by ECOMOG.
While all parties professed to honor the 1985 Liberian
Constitution, roughly based on the United States model, the
document's provisions were selectively ignored and unevenly
applied, although less so in IGNU-controlled areas. Human
rights were widely violated, particularly for civilians in
territory controlled by the NPFL and ULIMO armed factions.
Since 1989, an estimated 150,000 Liberians have been killed or
wounded as a result of the conflict, and hundreds of thousands
have fled abroad or are displaced within Liberia. On June 6,
according to a U.N.-commissioned investigation, the AFL
massacred over 500 displaced persons, mostly defenseless women
and children, at the Firestone plantation near Harbel.
Credible reports indicated that NPFL fighters killed over 130
civilians at Fassima, Lofa County, on May 15. All warring
factions committed other egregious human rights violations,
e.g., use of excessive force, arbitrary detentions, forced
conscription, torture, and summary executions. IGNU security
personnel and, to a much lesser extent, individual ECOMOG
soldiers committed excesses in Monrovia during the year.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Numerous cases of extrajudicial killing were reported.
Although professing adherence to the rule of law, the leaders
of the warring factions condoned and, in some instances,
seemingly encouraged lethal brutality (see Section 1.g.).
The ECOMOG peacekeeping force maintained a commendable record
and policy against unlawful behavior, but there were reported
incidents of individual ECOMOG fighters killing civilians. An
unconfirmed account implicated ECOMOG soldiers in the fatal
January beating of a youth identified as an NPFL fighter by
residents of a Monrovia suburb. In addition, ULIMO efforts to
consolidate its position in Lofa County prompted credible
reports of numerous political killings there during the last
quarter of 1993.
There were no reported cases of the factions punishing fighters
for politically motivated killings. In one instance, the AFL
imposed capital punishment against a soldier convicted in the
criminal homicide of a Monrovia resident. Human rights
observers viewed the case not as a genuine commitment to
instill professional discipline but as a ploy by the AFL
hierarchy to disarm criticism of its institutional behavior.
b. Disappearance
Disappearances were not believed to be common, but there were
reports (of varying degrees of credibility) of young men
disappearing while in the custody of AFL, NPFL, or ULIMO
fighters, possibly victims of forced conscription or
execution. Very little new information was available about
persons missing as a result of the war. The October 1992 NPFL
attack on Monrovia resulted in hundreds of missing suburban
Monrovia residents. Others disappeared when fighting spread to
other parts of the country. There were credible reports that
many people were unwillingly moved to sites in NPFL territory.
Many of those forcibly removed were feared to have been killed.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and degrading treatment.
While not descending to the same level of the 1989-90 civil war
period, inhuman treatment continued to be frequent. Monrovia
remained the safest area for civilians, but reliable sources
claimed that IGNU police frequently beat criminal suspects in
their custody. The IGNU Ministry of Internal Affairs sometimes
relied on "trial by ordeal" or "sassywood"--subjecting suspects
to the excruciation of metal objects heated by burning wood--to
coerce confessions in criminal investigations.
There are credible reports that ECOMOG soldiers beat criminal
suspects and harassed individuals at ECOMOG checkpoints in
Monrovia. Prominent Monrovia politician Peter Bonner Jallah,
arrested in November 1992 for allegedly aiding the NPFL attack
on Monrovia, credibly claimed he was tortured by ECOMOG and
IGNU intelligence officers, as evidenced by the impaired use of
his hands.
NPFL soldiers were also widely accused of beating and torturing
civilians, especially persons suspected of being ULIMO
operatives. At numerous highway checkpoints in NPFL areas,
NPFL forces beat civilians and forced them to disrobe, usually
in connection with extortion or other forms of intimidation.
Much of the reported NPFL inhuman treatment was centered in
Grand Gedeh County, the home county of the late president
Samuel Doe and his Krahn ethnic group. NPFL leader Charles
Taylor publicly condemned harassment of civilians but chose to
discipline offending troops only when expedient.
Civilians in ULIMO-held areas fared little better. ULIMO
checkpoint guards and roving bands harassed and beat civilians
if they resisted extortion. For example, in June ULIMO bands
raided several villages in Cape Mount County, beating and
threatening villagers alleged to be NPFL accomplices. There
were also numerous reports, difficult to confirm, of ULIMO'S
Mandingo forces executing or generally harassing citizens of
Lofa County because of religious and ethnic differences.
Conditions in the nation's often makeshift jails were hazardous
to life and health prior to the civil war and were more dismal
in 1993. Reports were remarkably similar: prisoners denied
medical care, family contacts, and adequate food; living in
small, crowded, and filthy cells or rooms. It was not possible
to determine whether any prisoners died because of these
conditions. In Monrovia pretrial detainees were often housed
with convicted criminals, but women and children appeared to be
held separately. IGNU has not given prison reform a high
priority, and there has been no attempt to improve the largely
untrained guard force. The Monrovia-based Center for Law and
Human Rights Education and other human rights advocates were
finally allowed to visit the Central Prison toward the end of
the year after IGNU had denied previous requests for access.
The AFL continued to detain an unknown number of alleged NPFL
collaborators at its stockade in Monrovia. According to a
leading human rights organization, these detainees (including
children)--many held incommunicado--suffered deplorable living
conditions and experienced occasional harassment by cell guards.
The conditions of detention in NPFL and ULIMO territory were
even worse, according to credible sources; both factions held
prisoners in makeshift, substandard facilities and subjected
them to various forms of mistreatment. A prominent Monrovia
journalist and another credible returnee described physical and
psychological mistreatment--including beatings, rape, and
threatened executions--of abducted civilians.
d. Arbitrary Arrest, Detention, or Exile
The 1985 Constitution prohibits arbitrary arrests, but in the
aftermath of the war there were few functioning institutional
safeguards preventing these malpractices. The Constitution
provides for the rights of the accused, including warrants for
arrests and the right of detainees either to be charged or to
be released within 48 hours. These provisions were widely
ignored, although the bail system functioned relatively well in
Monrovia.
IGNU President Sawyer repeatedly affirmed his administration's
respect for constitutional procedural safeguards. However,
administrative inefficiency, delays in appointing judges, and
poorly trained criminal justice personnel resulted in detainees
being held for long periods without trial or charges. In
practice, police officers had wide discretion to make arrests.
This authority was often abused. Arrests regularly took place
without probable cause. Many police officers accepted bribes
to arrest persons based on unsubstantiated allegations. At
times they failed to inform detainees of the charges against
them, and often charges went unrecorded. Many suspects were
held incommunicado. Police occasionally coerced confessions
from persons illegally detained.
As ECOMOG gradually took on more police duties in response to
the escalating crime rate, citizens called on ECOMOG soldiers
to arrest and detain alleged criminals. However, detentions by
ECOMOG peacekeepers did not always satisfy constitutional or
internationally recognized standards. ECOMOG soldiers
sometimes physically coerced confessions from suspects.
While accurate arrest information was unavailable, charged and
uncharged pretrial detainees formed a sizable portion of the
total incarcerated population at year's end and likely numbered
in the hundreds. It was impossible to determine the number of
political detainees among this total. However, politician
Peter Bonner Jallah remained confined after being detained by
ECOMOG in November 1992 for allegedly abetting the NPFL attack
on Monrovia. According to Jallah's attorney, ECOMOG has failed
to produce evidence implicating his client or to charge him
formally. Criminal law also allows for the writ of habeas
corpus, but the IGNU judiciary denied a September attempt to
secure a writ on behalf of Bonner Jallah. The denial was on
the basis that he was a "prisoner of war"--even after the July
cease-fire accord provided for the release of all faction
prisoners and although the term is of questionable
applicability to internal armed conflicts. There was no change
in the Jallah case by year's end.
Arbitrary detentions were commonplace in NPFL territory where
martial law has been in effect since the war began. NPFL
soldiers and police officers had almost unbridled power to make
warrantless arrests. They exercised that power often and
capriciously, detaining hundreds of persons on spurious grounds
or without charge for periods ranging from several hours to
several weeks. Detainees in NPFL territory were rarely
informed of their legal rights. The writ of habeas corpus
remained suspended, and access to bail was basically
unavailable. ULIMO's arrest and detention practices mirrored
the NPFL's lack of procedural safeguards.
Many Monrovia area residents abducted by NPFL fighters during
the October 1992 attack on Monrovia remained in NPFL custody.
The NPFL refused to relinquish custody of over 250 orphans
abducted from a Monrovia suburb in 1992, despite U.N. and other
humanitarian entreaties. In early 1993, the AFL detained over
a dozen suspected NPFL supporters whose fate is unknown.
During the year, there were no reports of Liberians being
subjected to forced political exile.
e. Denial of Fair Public Trial
Liberia's legal system is closely modeled on that of the United
States, with the Supreme Court at its apex. Before the civil
war, however, the system afforded little protection in practice
for defendants, due to corruption among court officials, lack
of training, and a domineering executive branch. By mid-1990,
the system had completely collapsed, along with the rest of
civil authority, with justice resting in the hands of the
military commanders of the factions.
In 1991 IGNU slowly began to reconstitute the court system in
the Monrovia area. It reestablished several magistrate courts
in Monrovia and swore into office new circuit court judges. In
Monrovia criminal defendants, in theory and generally in
practice, were entitled to a defense attorney, pretrial
discovery of accusatory material, and the right to appeal.
Corruption in the judiciary was a recurrent problem, often
cited by human rights monitors, the press, and members of the
bar. There seemed to be no overt judicial interference by the
IGNU executive. However, the courts almost universally sided
with IGNU in controversial cases as in the Jallah case when the
criminal court denied him a writ of habeas corpus on highly
questionable legal grounds.
In addition to the resurrection of the modern court system,
customary law was also applied in many areas. In Monrovia the
Ministry of Internal Affairs often subjected persons accused of
occult practices and other crimes to "trial by ordeal," i.e.,
submitting defendants to physical travail to adjudicate
innocence or guilt (see Section 1.c.). This customary mode of
justice was also used by traditional authorities in some rural
courts which operated in 1993 in areas under IGNU control.
There are few national institutions still working across
faction lines. The ad hoc Supreme Court is one exception.
Under the auspices of the ECOWAS peace process, IGNU and the
NPFL agreed on the creation of a five-member ad hoc Supreme
Court in September 1991. In 1992 IGNU and NPRAG agreed that
the Court should have the full jurisdiction provided by the
Constitution. The ad hoc Supreme Court, which has assumed the
full jurisdiction of the regular Supreme Court, continued
hearing a variety of civil and criminal cases in 1993 but, like
the rest of the court system, tended to avoid controversial
cases arising from the violation of law and human rights during
the civil war. Under the July peace accord, ULIMO named a
justice to fill the seat on the bench left vacant by the 1993
death of the Chief Justice.
The NPFL also partially reactivated in 1991 the court system in
areas under its control. In practice, legal and judicial
protections were almost totally lacking as executive branch
interference was pervasive and overt. ULIMO judicial practices
and protections were equally suspect to the extent they existed.
Given the situation in Liberia, it was not possible to
determine either the number of political detainees (see Section
1.d.) or political prisoners among the many "prisoners" being
held by the various factions. An illustrated news report in
December, however, charged that some 800 of the 1,000 prisoners
held at the substandard Monrovia Central Prison under IGNU and
ECOMOG guard were ex-combatants, primarily from the failed
October 1992 NPFL attack on Monrovia. Embarrassed by the
situation, IGNU appointed a panel to investigate the
allegations.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
While the Constitution provides for these rights, there were
many serious abuses of privacy and home--including confiscation
of property and failure to obtain required warrants--by
soldiers of all of the warring factions. There was no evidence
of frequent surveillance of individuals.
AFL soldiers committed many armed robberies in the Monrovia
area. As ECOMOG expanded its defensive perimeter, AFL or ULIMO
brigands followed to pillage and loot these areas, including
the Firestone plantation. Virtually any valuable object was
pilfered. ULIMO fighters regularly raided villages in their
areas and conducted house searches for loot to sell in
Monrovia. They also illegally occupied many private homes.
The situation regarding interference with person or property in
NPFL territory was even more abysmal. Throughout NPFL
territory, NPFL soldiers regularly demanded scarce food and
personal valuables from already impoverished residents or
displaced persons and often robbed and physically abused
travelers, particularly at checkpoints. Confiscation of
private homes and vehicles was also common practice. To escape
harassment, many Liberians moved their families to remote areas
or out of Liberia. Occasionally ECOMOG conducted searches,
without warrants, of Monrovia households for weapons caches,
but there were no reported incidents of violence or theft
during these searches.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
During the first half of 1993, fighting moved to western and
central Liberia as the military tide turned against the NPFL
after its unsuccessful attack on Monrovia in October 1992. As
has been the case throughout the civil war, "fighting" was an
inaccurate description, for there were few battles between
opposing militaries. In fact, the warring factions inflicted
considerably more harm on noncombatants than on each other.
AFL, NPFL, and ULIMO fighters indiscriminately ransacked
villages, abused populations, and confiscated scant food
supplies. They also murdered innocent civilians and regularly
committed violence against women, including rape.
Although there was no credible evidence of willful ECOMOG
violations of humanitarian law, there were incidents of
civilian deaths and damage from ECOMOG aerial strikes. In late
February, ECOMOG planes strafed near the Cote d'Ivoire border,
injuring some civilians and temporarily panicking civilians and
relief workers in the areas. In September Nigerian planes,
based in Sierra Leone and supporting both the Sierra Leonean
counterinsurrection and the ECOMOG operation, strafed a refugee
settlement along the border, killing 6 and injuring nearly 40
persons.
On June 6, a group of armed fighters slaughtered over 500
displaced persons, mostly women and children, at a settlement
on the Firestone plantation at Harbel. A U.N. investigation
team, comprised of three eminent international lawyers and
human rights advocates, concluded in a September report that
the AFL committed the act and cited substantial evidence
supporting this finding. AFL soldiers were also caught in
possession of property looted from the settlement. The Interim
Government and the AFL disputed the U.N. team's finding,
insisting on NPFL culpability. Three AFL soldiers whom the
U.N. report identified as key participants in the massacre were
initially ordered held by IGNU but were never actually detained
or arrested by IGNU or AFL authorities.
In another highly publicized case, several AFL soldiers in late
January killed British scientist Brian Garnham at his animal
research institute outside Monrovia. According to witnesses,
Garnham was pleading for his life when fatally shot at close
range. The assailants, without any basis, had accused Garnham
of NPFL sympathies. The Interim Government established an
AFL-chaired committee to investigate the incident. However,
credible human rights monitors criticized the composition and
the poor performance of the committee. At year's end, no
suspect had been formally charged with the murder; lesser
charges against one of the five soldiers implicated in the
incident were dismissed by an AFL court-martial, and the cases
against the others languished.
The NPFL also committed unlawful killings. In early May, a
broadcast reportedly intercepted by ECOMOG recorded NPFL
leadership ordering fighters to target civilian populations in
a "reign of terror." Shortly thereafter, a massacre of more
than 130 civilians at Fassima took place. Although the
massacre is believed to have been committed by NPFL fighters,
the facts of the incident were not subsequently confirmed by
independent investigation or prosecution. Survivors were
believed to have been abducted and massively abused. In
January dozens of bodies--several beheaded--were found in
unmarked graves in Monrovia's northwestern suburbs. The
killings were probably committed by NPFL fighters before
retreating from the area in November and December 1992. While
advancing toward Buchanan in March, ECOMOG troops found scores
of civilian corpses along the roadsides. NPFL fighters
apparently killed civilians who tried to flee to ECOMOG lines.
NPFL fighters are also believed responsible for the massacre of
over 200 civilians in separate incidents in Montserrado and
Margibi counties, north of Monrovia. An unconfirmed report
attributed the alleged executions of another 200 displaced
persons in Camp Todee to the NPFL. Many of the most egregious
NPFL offenses continued to take place in Grand Gedeh County,
where Gio and Mano NPFL fighters exacted revenge against their
Krahn ethnic rivals. In September fighting was reported
between the NPFL and the Krahn-dominated LPC along the Grand
Gedeh County-Ivoirian border. Military operations by the LPC
in the southeast during the last quarter of the year resulted
in many civilian deaths. There were credible reports of LPC
abuses against suspected NPFL sympathizers and members of other
ethnic groups.
ULIMO also preyed on civilians in its area. Residents, local
human rights organizations, and relief workers reported
numerous ULIMO human rights abuses in Lofa County. Advancing
ULIMO fighters executed several village elders for being
alleged supporters or harboring the NPFL in their villages.
Often the victims executed had been forced to accommodate the
NPFL under threat of bodily harm. Unconfirmed reports also
indicated that ULIMO might have executed several NPFL fighters
attempting to surrender after the August 1 cease-fire.
Intensified ULIMO operations in Lofa County after August
prompted the emergence of the Lofa Defense Force, which charged
Mandingo members of ULIMO with abusing local citizens.
Credible sources claimed that both ULIMO and the NPFL executed
innocent civilians, usually young men, on the mere suspicion
that the victims belonged to the rival group. Both ULIMO and
the NPFL mistreated Sierra Leonean refugees living in western
Liberia.
Continuing a practice begun in 1992, both ULIMO and AFL troops
executed civilians in Monrovia, according to reliable sources.
These reports cited AFL and ULIMO squads targeting former
members of the NPFL and the Independent National Patriotic
Front of Liberia, a defunct offshoot of the NPFL. Nighttime
bands of AFL and ULIMO fighters occasionally roamed sections of
the city searching for Gio and Mano tribe members from Nimba
County, whom they would torture or kill.
Both ULIMO and the NPFL exploited minors as fighters. During
the first half of the year, the NPFL continued its program of
involuntary conscription, including children, in Nimba County
and southeastern Liberia. The NPFL beat and tortured persons
who refused to join their ranks and local government officials
who refused to implement the conscription program.
The warring factions tried to exploit humanitarian relief
efforts to their political advantage, often to the detriment of
the affected populations. After intensifying its Lofa
operations, ULIMO denied relief workers access to besieged
areas and hijacked their vehicles and supplies on several
occasions. The NPFL used relief convoys entering its area as a
means of circumventing ECOWAS economic sanctions and possibly
the international arms embargo. The NPFL insisted that relief
must cross the international border with Cote d'Ivoire although
direct shipments from Monrovia constituted the shortest route
to the most needy populations in NPFL territory. In the
absence of mechanisms to monitor the contents of relief
convoys, ECOMOG imposed restrictions on NGO and U.N. relief
operations, including cross-border deliveries. In September
ECOMOG acceded to more liberal cross-border operations once its
arms embargo and economic sanctions enforcement concerns were
resolved by the stationing of monitors at key entry points.
A number of Liberian employees of relief organizations,
including the United Nations, were detained by the factions
during the year; some were beaten or threatened. For example,
in October the NPFL detained 10 drivers and workers of a U.N.
World Food Program convoy on suspicion of spying, held them for
several weeks, and mistreated some of them. A few foreign
relief workers also were detained, mostly for short periods.
In one case detained relief workers were forced to endure an ad
hoc trial and mock execution. Occasionally, NPFL and ULIMO
soldiers tried to confiscate relief supplies or relief vehicles
from relief workers; fighters from all factions commonly
confiscated relief food after the humanitarian groups had
distributed it.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are provided for in the Constitution and, with
some significant limitations, were generally exercised in
Monrovia. There were more far-reaching limitations elsewhere.
Due primarily to continued economic stagnation, the number of
media organs in Monrovia diminished to approximately 5 to 7
privately owned newspapers (down from 12 in 1992), 3 of which
published regularly. The Interim Government newspaper, The
Liberian Times, was not published in 1993. Official press
censorship was not pervasive in Monrovia, nor were any
newspapers forcibly closed during the year. However, the
Monrovia press tended to be pro-IGNU; and some journalists
admitted self-censorship. Other journalists asserted that
constant public calls by IGNU officials for a "more
responsible" press had a chilling effect on journalistic
freedom. At times journalists were requested to meet privately
with IGNU officials who had been offended by articles.
In reaction to perceived NPFL military preparations along the
defensive perimeter in May and June, IGNU ordered that
journalists submit all "war-related" stories to the Ministries
of Information and Justice for clearance on national security
grounds. The Press Union of Liberia and newspaper publishers
objected to the measure as a prior restraint. The Press Union
and the Interim Government later compromised on guidelines for
military reporting. In September IGNU repealed decree 88-a,
which had been used by the former Doe regime to stifle free
speech by criminalizing criticism of government on national
security grounds. However, a restrictive, Doe-era media law,
providing the Ministry of Information wide discretion in
licensing and regulating journalists, still remained on the
books.
There were no official or private newspapers printed in NPFL or
ULIMO territory. International journalists visited NPFL areas
intermittently throughout the year, with no indications of
official censorship. Because of the fighting, journalists from
Monrovia were prohibited from covering events in NPFL areas,
and vice versa. Residents of Liberia had to exercise care in
their criticism of the various factions. Although NPFL leader
Charles Taylor affirmed publicly on several occasions that his
government supported free speech, citizens in his area were
subject to sanctions for criticizing the NPFL. Citizens in
ULIMO territory also had to exercise care. After a group of
citizens published a statement that ULIMO should relinquish to
IGNU control of the western counties, the ULIMO leadership
exerted pressure for a retraction.
IGNU supported a shortwave radio station (ELBC) and also
continued radio broadcasts in 1993. News reports were
favorable to IGNU, and many credible journalists allege
substantial censorship by ELBC. The NPFL intermittently
operated two radio stations in its area. NPFL news programs
uncritically supported Charles Taylor's NPFL and offered no
criticism of his political program.
The University of Liberia, which closed temporarily after
fighting erupted in October 1992, was open most of the year.
Academic freedom was generally respected, although pro-NPFL
expression was criticized by university authorities and most of
the student body.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of peaceful assembly
and association. In Monrovia, several groups held peaceful
demonstrations--ranging from support of the peace process to a
group celebrating late president Doe's birthday. Some of the
unhindered processions were critical of IGNU, and most took
place without permits. Nevertheless, authorities moved quickly
to disband gatherings that they believed could incite unrest.
In June ECOMOG prohibited a pro-ULIMO rally at a local sports
stadium. In September ECOMOG and IGNU police peacefully
dispersed demonstrations by market vendors protesting rising
wholesale prices. The 7 p.m. to 7 a.m. nighttime curfew in
Monrovia, imposed after the NPFL attack in 1992, continued in
force. ECOMOG soldiers were ordered to enforce the measure
strictly, and numerous persons were arrested for
noncompliance. AFL soldiers reportedly killed or wounded a few
citizens for breaking the curfew. ECOMOG periodically meted
out corporal punishment to repeat curfew violators.
Political parties and other groups were able to organize freely
and hold public meetings in Monrovia. Freedom of assembly and
association was generally more restricted in NPFL areas than in
Monrovia. None of the prewar political parties was known to
have held public meetings in NPFL areas. There were several
anti-U.N. demonstrations in NPFL territory protesting the
alleged lack of U.N. humanitarian assistance to NPFL areas and
perceived pro-IGNU bias by the United Nations. These
demonstrations were probably orchestrated by NPFL officials.
Citizens could not independently organize public
demonstrations, particularly any critical of the NPFL. In
ULIMO areas, residents still felt intimidated and did not
attempt demonstrations critical of ULIMO for fear of reprisal.
c. Freedom of Religion
The 1985 Constitution recognizes freedom of religion as a
fundamental right, and Liberia has no established state
religion. Christianity has long been the religion of the
political and economic elite, while the majority of the
population follows traditional religions or practices a mixture
of traditional religions and Christianity or Islam.
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.
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. Freedom of movement in and out of Monrovia was generally
respected by IGNU, though ECOMOG and AFL checkpoints impeded
the movement of relief workers and supplies.
Freedom of movement, ranging from resettlement of displaced
persons to ordinary commerce and travel, was inhibited by
factional fighting in the first half of 1993. Throughout the
year, NPFL and ULIMO forces impeded movement by extorting and
harassing citizens at checkpoints. The NPFL prohibited
thousands of displaced persons from traveling to seek refuge
behind ECOMOG lines.
Over 700,000 Liberian refugees remained in neighboring West
African countries, many out of fear of ethnic persecution. The
number of refugees increased and decreased depending on the
intensity and proximity of the fighting to population centers
in Liberia. The U.N. High Commissioner for Refugees reported
that as many as 30,000 Liberian refugees may have returned
spontaneously in 1993. Most of these returnees went to
Monrovia, where they were well received and were provided
assistance by a network consisting of the U.N. agencies, IGNU,
and international and domestic nongovernmental relief groups.
There are approximately 100,000 Sierra Leonean refugees in
Liberia. Although many Sierra Leoneans were mistreated by the
NPFL and ULIMO, there were no reports of such refugees being
forced to leave Liberia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite constitutional and statutory guarantees of free and
fair elections, Liberians could not exercise the right to
change their government. As fighting continued the first half
of the year, there was again intense activity in the search for
new political formulas to restore unity under a popularly
elected leadership. Under joint U.N., OAU, and ECOWAS
auspices, leaders of IGNU, the NPFL, and ULIMO hammered out a
peace accord in late July after negotiations in Geneva and
Cotonou, Benin. The agreement called for demobilization of the
warring factions and the institution of a unified transitional
government to organize elections for February-March 1994.
Pursuant to the accord, the rival IGNU, NPRAG, and ULIMO
administrations would dissolve as rival administrations upon
the installation of the transitional government. The peace
accord was welcomed by the overwhelming majority of Liberians.
Its implementation, however, lagged behind schedule at year's
end because of lack of agreement among the factions about the
timetable for disarmament, demobilization, and the seating of
the transitional government, and because of delays in the
arrival of the additional ECOMOG forces needed to help
accomplish these objectives.
IGNU is a coalition government comprised of the major prewar
political parties and interest groups. Power in IGNU mainly
resides in the executive branch, led by President Amos Sawyer,
not in the legislature or the judiciary. NPRAG also has three
separate branches of government. But unlike the
coalition-based IGNU, Charles Taylor remained the NPRAG's
supreme leader. Unlike IGNU and NPRAG, ULIMO did not establish
formal legislative, executive, or judiciary structures in its
area. Decisions are made by senior level ULIMO political and
military officials, with ULIMO leader Alhaji Kromah the primary
decisionmaker.
Neither the legislature in Monrovia nor that in Gbarnga was
truly representative. However, the interim legislature in
Monrovia at times asserted its role as a separate branch of
government, both confirming and rejecting important IGNU
appointees following public confirmation hearings.
There are no restrictions in law on the participation of women
in politics; but, in practice, only a few women hold
Cabinet-level positions in the IGNU and NPRAG governments, none
in significant decisionmaking positions. Overall numbers of
women in the two governments and the various political parties
are small.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The few domestic human rights organizations are relatively new
and underfunded but made progress improving their influence,
visibility, and performance in 1993. Two groups occasionally
published newspapers dedicated to human rights. None of the
organizations reported any major IGNU interference with their
activities, although IGNU authorities sometimes criticized the
organizations, and, in the case of The Center for Human Rights
Education, prevented its members from monitoring conditions at
Monrovia's Central Prison.
The attitude of NPRAG toward the human rights organizations was
less clearly enunciated, and its conduct to date has not been
encouraging. Some Monrovia-based activists feared for their
personal safety, claiming that the NPFL had previously accused
them of being IGNU agents. There was one human rights
organization based in NPFL territory, but it did not appear to
be active or effective. ULIMO officials insisted on monitoring
the activities of human rights groups visiting its area.
In August a three-member U.N. team visited Liberia to
investigate the June 6 Harbel massacre of over 500 innocent
displaced persons. Both NPFL and IGNU officials cooperated
with the panel. There were no apparent signs of interference
with the panel's work, though IGNU publicly criticized the
panel's September report, which concluded that the AFL
perpetrated the atrocity. A representative of the U.S. human
rights monitoring organization Africa Watch visited Liberia
early in the year and did not experience interference by IGNU
authorities in Monrovia. However, ULIMO refused to allow the
Africa Watch representative to visit its area without an ULIMO
escort.
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 de facto and in some cases
de jure.
Women
The status of women in Liberian society varies by region,
ethnic group, and religion. Some women currently hold skilled
jobs, including in government and business. In the past 2
years, several women's organizations were established 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 and along the coast, women can inherit
land and property. In rural areas, where traditional customs
are stronger, a woman 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 are responsible for much of the farm
labor and have only limited access to education. According to
a recent U.N. study, females in Liberia, on average, receive
only about 28 percent of the schooling given to males. 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 never seriously addressed as an
issue by the Government, women's groups, the courts, or the
media.
Children
In the civil war, the various sides have given almost no
attention to the welfare of children, and the education and
nurturing of children has been seriously disrupted. The NPFL
and ULIMO recruited and employed children as combatants. As a
result, children have become both victims and abusers in the
conflict. Some NGO's have initiated small retraining and
rehabilitation programs for a limited number of former child
fighters. At year's end, the United Nations and NGO's were
discussing plans within the overall peace process for special
counseling and training of the bulk of young combatants once
they demobilize (see also Sections 1.g. and 6.d.).
Female genital mutilation (circumcision), which international
health experts have condemned as physically and psychologically
damaging, is widely practiced at an early age, particularly in
isolated 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.
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.
Neither Monrovia's Interim Government nor Gbarnga's NPRAG has
considered repealing this racial test. In July IGNU reaffirmed
a 1975 economic "Liberianization" law, which prohibited foreign
ownership in certain business sectors. The law resulted in the
closure or sale of several foreign-owned businesses.
The roots of the civil conflict can be found in the historical
division between the Americo-Liberian minority, who 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 1980 coup mounted by Sergeant Doe and other AFL
noncommissioned officers was seen by some as a revolution, with
indigenous groups taking power from the Americo-Liberian
elite. However, Doe's authoritarian military-based regime
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. At the height of
the civil war, an individual's language was used to identify
that person's ethnicity. Those from groups considered hostile
often were summarily executed. The cease-fire in late 1990
stopped many of these abuses. However, the NPFL reprisals
against Krahns, particularly in Grand Gedeh County, and against
Mandingos throughout NPFL territory continued to occur.
Harassment of rival ethnic groups by predominately Krahn AFL
troops in Monrovia and Krahn and Mandingo ULIMO fighters
continued during the year (see Section 1.g.).
Religious Minorities
While religious discrimination is legally prohibited, there
were claims of discrimination in practice. Muslims, who
represent a sizable portion of the population, asserted they
were subjected to discrimination during the year. Alleged
mistreatment ranged from unequal access to official radio
stations for religious programs to bias in government
employment practices. On the other hand, many residents in
ULIMO areas complained that ULIMO officials discriminated
against non-Muslims by exacting higher checkpoint tariffs and
business fees. Muslim representation in senior positions in
both IGNU and NPRAG was disproportionately low. Muslims also
asserted that equal sanction and acknowledgment was not
conferred on Islamic holidays and practices as on Christian
ones.
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 was no de jure discrimination against the
disabled. However, in practice the disabled did not enjoy
equal access to education, employment, and already scant social
services. Cultural norms also adversely affected attitudes
toward the disabled population. None of the rival
administrations places a high priority on care for the
disabled, and there are no accessibility laws on the books.
Some NGO and U.N. programs in Monrovia were dedicated to
rehabilitating and assisting war-wounded and otherwise disabled
persons.
Section 6 Worker Rights
a. The Right of Association
The Constitution states that workers have the right to
associate in trade unions. The Constitution also states that
unions are prohibited from partisan political activity, and
this restriction has been observed in practice. Government
interference in union activities, especially elections and
leadership conflicts, was commonplace before the war. Over 20
trade unions, representing about 15 percent of the wage-earning
work force, were registered with the Ministry of Labor before
1989. Approximately 10 national unions were members of the
Liberian Federation of Labor Unions (LFLU). However, the
actual power the unions exercised was always slight.
Like virtually all other organized activity in the country,
unions disappeared during the height of the 1989-90 war. As
some large-scale operations involving rubber and other
extractive industries began operating in NPFL areas in 1991 and
1992, union activity associated with these industries resumed.
Economic sanctions and renewed fighting after October 1992
stopped these operations and associated union activity in NPFL
territory, but with the signing of the July peace accord, many
industries planned to resume and affected unions began
reorganizing and attempting to locate members. In Monrovia
union activity focused on internal leadership questions,
internal financing, and locating suitable employment for
members. One of the most active organizations was the Ship
Workers' Union, which urged the Interim Government to pressure
Liberian flag vessels to employ more Liberian workers.
However, contending with an 80-percent unemployment rate in
Monrovia, this and other unions faced an uphill struggle.
Liberia's status as a beneficiary of trade preferences under
the United States' Generalized System of Preferences (GSP)
program was suspended in 1990 as a result of the Doe
government's failure to take steps to provide internationally
recognized worker rights. For example, the Doe regime did not
recognize the right of civil servants or employees of public
corporations to unionize or strike. During 1993, attempts
languished in the IGNU legislature to enact an amended labor
code removing the prohibition against unionization of
government workers.
The 1985 Constitution is silent on the right to strike. While
the labor practices laws of Liberia do protect this right, the
Doe government issued a decree in 1980 prohibiting strikes.
Neither IGNU nor NPRAG officially repealed or affirmed the
no-strike decree, but it was not challenged in 1993 as there
were no significant strikes. During the year, neither IGNU nor
NPRAG took any discriminatory actions against organized labor.
Labor unions traditionally were affiliated with international
labor groups before the war, and unions attempted to restore
many of these ties in 1993.
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.
However, in 1993 these rights were significantly constrained by
the institutional breakdown of unions caused by the war and the
low level of economic activity. With high unemployment and
dismissals being fundamental concerns, several unions
negotiated with employers severance payments for union
members. Generally, wage and severance pay agreements are
negotiated freely between labor and their employers without
government interference, but with occasional input from the
IGNU or the NPRAG Ministries of Labor.
Although the interim legislature deliberated over the merits of
a revised labor code, neither the Interim Government nor NPRAG
took steps to correct flaws highlighted by the 1990 report of
the International Labor Organization (ILO). That report stated
that existing labor laws failed to provide workers adequate
protection against discrimination and reprisals for union
activity, failed to protect workers' organizations against
outside interference, and did not give eligible workers in the
public sector the opportunity to bargain collectively.
Labor laws have the same force in Liberia's one export
processing zone as in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, but even before the
civil war this prohibition was widely ignored in rural areas
where farmers were pressured into providing free labor on
"community projects" which often benefited only local leaders.
Forced labor was used by some or all of the warring factions
during the civil war, especially for moving equipment and
supplies. This practice persisted in 1993. NPFL forced labor
camps and farms in Grand Gedeh County were not reported to have
closed. According to several sources, the NPFL reportedly used
forced labor in western Liberia to move supplies in the wake of
clashes with ULIMO. When it captured portions of Lofa and Bong
Counties, ULIMO reportedly forced inhabitants to carry property
that had been confiscated as spoils of war. The AFL also
forced civilians to carry its stolen goods.
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.
Enforcement by the Ministry of Labor, however, was limited.
Even before the civil war, small children continued to assist
their parents as vendors in local markets and on family
subsistence farms. This practice persisted in 1993,
particularly in those areas where schools had been closed
because of the war. During the conflict, the NPFL recruited
young children as soldiers; many of them had been orphaned, and
some were less than 12 years of age. Many of these children,
especially in the NPFL, remained under arms in 1993. (Indeed,
the NPFL has a unit named the "small boys unit.")
e. Acceptable Conditions of Work
The labor law 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.
Most turned to subsistence farming. The minimum wage was not
always been enforced adequately by the Labor Ministry.
The Liberian Labor Code provides for a 48-hour, 6-day regular
workweek with a 30 minute rest period per 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 1993, most
employers ignored these various regulations, and there was very
little attempt at enforcement in Monrovia or in NPFL territory.
Prior to 1990, there also had been government-established
health and safety standards, enforced in theory by the Ministry
of Labor. Workers did not have a specifically protected right
to remove themselves from dangerous work situations.
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