LIBERIA
Republic of Liberia
Republic of Liberia
Joined United Nations:  2 November 1945
Human Rights as assured by their constitution
Updated 09 January 2013
CHAPTER III

FUNDAMENTAL RIGHTS
Article 11

a) 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.

b) 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.

c) 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 13

a) Every person lawfully within the Republic shall have the right to move freely throughout Liberia, to reside in any part thereof and to
leave therefrom subject however to the safeguarding of public security, public order, public health or morals or the rights and freedoms of
others.

b) Every Liberian Citizen shall have the right to leave and to enter Liberia at any time. Liberian citizens and non-Liberian residents may be
extradited to foreign country for prosecution of a criminal offense in accordance with the provisions of an extradition treaty or other
reciprocal international agreements in force. Non-Liberian residents may be expelled from the Republic of Liberia for cause.


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

a) 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.

b) The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of
the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available.
It includes non-interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent.

c) In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries.

d) Access to state owned media shall not be denied because of any disagreement with or dislike of the ideas express. Denial of such
access may be challenged in a court of competent jurisdiction.

e) 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 16

No person shall be subjected to interference with his privacy of person, family, home or correspondence except by order of a court of
competent jurisdiction.


Article 17

All persons, at all times, in an orderly and peaceable manner, shall have the right to assemble and consult upon the common good, to
instruct their representatives, to petition the Government or other functionaries for the redress of grievances and to associate fully with
others or refuse to associate in political parties, trade unions and other organizations.


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 19

No person other than members of the Armed Forces of Liberia or of the militia in active service shall be subject to military law, or made
to suffer any pains or penalties by virtue of that law, or be tried by courts-martial.


Article 20

a) No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a
hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law. Justice shall be
done without sale, denial or delay; and in all cases not arising in courts not of record, under courts-martial and upon impeachment, the
parties shall have the right to trial by jury.

b) The right of an appeal from a judgment, decree, decision or ruling of any court or administrative board or agency, except the Supreme
Court, shall be held inviolable. The legislature shall prescribe rules and procedures for the easy, expeditious and inexpensive filing and
hearing of an appeal.

Article 21

a) No person shall be made subject to any law or punishment which was not in effect at the time of commission of an offense, nor shall
the Legislature enact any bill of attainder or ex post facto law.

b) No person shall be subject to search or seizure of his person or property, whether on a criminal charge or for any other purpose,
unless upon warrant lawfully issued upon probable cause supported by a solemn oath or affirmation, specifically identifying the person or
place to be searched and stating the object of the search; provided, however, that a search or seizure shall be permissible without a search
warrant where the arresting authorities act during the commission of a crime or in hot pursuit of a person who has committed a crime.

c) Every person suspected or accused of committing a crime shall immediately upon arrest be informed in detail of the charges, of the
right to remain silent and of the fact that any statement made could be used against him in a court of law. Such person shall be entitled to
counsel at every stage of the investigation and shall have the right not to be interrogated except in the presence of counsel. Any admission
or other statements made by the accused in the absence of such counsel shall be deemed inadmissible as evidence in a court of law.

d)
(i) All accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the
charge, unless charged for capital offenses or grave offenses as defined by law.


(ii) Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted.

e) No person charged, arrested, restricted, detained or otherwise held in confinement shall be subject to torture or inhumane treatment;
nor shall any person except military personnel, be kept or confined in any military facility; nor shall any person be seized and kept among
convicted prisoners or treated as a convict, unless such person first shall have been convicted of a crime in court of competent
jurisdiction. The Legislature shall make it a criminal offense and provide for appropriate penalties against any police or security officer,
prosecutor, administrator or any other public or security officer, prosecutor, administrator or any other public official acting in
contravention of this provision; and any person so damaged by the conduct of any such public official shall have a civil remedy therefor,
exclusive of any criminal penalties imposed.

f) Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight
hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out
the charge or charges and shall provide for a speedy trial. There shall be no preventive detention.

g) The right to the writ of habeas corpus, being essential to the protection of human rights, shall be guaranteed at all times, and any
person arrested or detained and not presented to court within the period specified may in consequence exercise this right.

h) No person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in the Armed Forces
and petty offenses, unless upon indictment by Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and
impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial. In
all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to
have compulsory process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence against himself and he shall
be presumed innocent until the contrary is proved beyond a reasonable doubt. No person shall be subject to double jeopardy.

i) The right to counsel and the rights of counsel shall be inviolable. There shall be no interference with the lawyer-client relationship. In all
trials, hearings, interrogatories and other proceedings where a person is accused of a criminal offense, the accused shall have the right to
counsel of his choice; and where the accused is unable to secure such representation, the Republic shall make available legal aid services
to ensure the protection of his rights.

There shall be absolute immunity from any government sanctions or interference in the performance of legal services as a counselor or
advocate; lawyers’ offices and homes shall not be searched or papers examined or taken save pursuant to a search warrant and court
order; and no lawyer shall be prevented from or punished for providing legal services, regardless of the charges against or the guilt of his
client, no lawyer shall be barred from practice for political reasons.

j) Any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his civil rights and liberties, shall have the
same automatically restored upon serving the sentence and satisfying any other penalty imposed, or upon an executive pardon.


Article 22

a) Every person shall have the right to own property alone as well as in association with others; provided that only Liberian citizens shall
have the right to own real property within the Republic.

b) Private property rights, however, shall not extend to any mineral resources on or beneath any land or to any lands under the seas and
waterways of the Republic. All mineral resources in and under the seas and other waterways shall belong to the Republic and be used by
and for the entire Republic.

c) Non-citizen missionary, educational and other benevolent institutions shall have the right to own property, as long as that property is
used for the purposes for which acquired; property no longer so used shall escheat to the Republic)

d) The Republic may, on the basis of reciprocity, convey to a foreign government property to be used perpetually for its diplomatic
activities. This land shall not be transferred or otherwise conveyed to any other party or used for any other purpose, except upon the
expressed permission of the Government of Liberia. All property so conveyed may escheat to the Republic in the event of a cessation of
diplomatic relations.


Article 23

a) The property which a person possesses at the time of marriage or which may afterwards be acquired as a result of one’s own labors
shall not be held for or otherwise applied to the liquidation of the debts or other obligations of the spouse, whether contracted before or
after marriage; nor shall the property which by law is to be secured to a man or a woman be alienated or be controlled by that person’s
spouse save by free and voluntary consent.

b) The Legislature shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both
statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages.


Article 24

a) While the inviolability of private property shall be guaranteed by the Republic, expropriation may be authorized for the security of the
nation in the event of armed conflict or where the public health and safety are endangered or for any other public purposes, provided:


(i) that reasons for such expropriation are given;


(ii) that there is prompt payment of just compensation;


(iii) that such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no
penalty for having brought such action; and


(iv) that when property taken for public use ceases to be so used, the Republic shall accord the former owner or those entitled to the
property through such owner, the right of first refusal to reacquire the property.

b) All real property held by a person whose certificate of naturalization has been cancelled shall escheat to the Republic unless such
person shall have a spouse and/or lineal heirs who are Liberian citizens, in which case the real property shall be transferred to them in
accordance with the intestacy law.

c) The power of the Legislature to provide punishment for treason or other crimes shall not include a deprivation or forfeiture of the right
of inheritance, although its enjoyment by the convicted person shall be postponed during a term of imprisonment judicially imposed;
provided that if the convicted person has minor children and a spouse, the spouse or next of kin in the order of priority shall administer
the same. No punishment shall preclude the inheritance, enjoyment or forfeiture by others entitled thereto of any property which the
convicted person at the time of conviction or subsequent thereto may have possessed.


Article 25

Obligation of contract shall be guaranteed by the Republic and no laws shall be passed which might impair this right.


Article 26

Where any person or any association alleges that any of the rights granted under this Constitution or any legislation or directives are
constitutionally contravened, that person or association may invoke the privilege and benefit of court direction, order or writ, including a
judgment of unconstitutionality; and anyone injured by an act of the Government or any person acting under its authority, whether in
property, contract, tort or otherwise, shall have the right to bring suit for appropriate redress. All such suits brought against the
Government shall originate in a Claims Court; appeals from judgment of the Claims Court shall lie directly to the Supreme Court.



CHAPTER IV

CITIZENSHIP
Article 27

a) All persons who, on the coming into force of this Constitution were lawfully citizens of Liberia shall continue to be Liberian citizens.

b) In order to preserve, foster and maintain the positive Liberian culture, values and character, only persons who are Negroes or of Negro
descent shall qualify by birth or by naturalization to be citizens of Liberia.

c) The Legislature shall, adhering to the above standard, prescribe such other qualification criteria for the procedures by which
naturalization may be obtained.


Article 28

Any person, at least one of whose parents was a citizen of Liberia at the time of the Person’s birth, shall be a citizen of Liberia; provided
that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of
another country. No citizen of the Republic shall be deprived of citizenship or nationality except as provided by law; and no person shall
be denied the right to change citizenship or nationality.
Migration into the region of Liberia took place in the 12th and 16th century CE with Kru
people into the interior, Mane (Malian soldier tribes and the Vai from the former Malian
empire.  The Portuguese established trading contacts in 1461, the Dutch established a
trading post in 1602 which lasted a year and the English established a trading post in 1663 in
what was known as the Grain Coast. Former American slaves began a program of
resettlement  in 1817 and Liberia was founded in 1822 by the American Colonization Society
who established the colony along American principles.  Financial insolvency by the Society
and the threat of English colonization  compelled the declaration of independence  in 1847
and the promulgation of the first constitution.  Though American emigres never constituted
more than 5% of the population they maintained political power  touching off conflicts with
the native population throughout much of the 19th and 20th centuries. Liberia signed a
defense pact with the United States in 1942. A bloody civil war ensued on 24 December 1989
and a second  in 1999  which ended on 4 June 2003 after the intervention of the United
States and the deposing of President Charles Taylor.  Democracy returned with the election
of President Ellen Johnson Sirleaf  in October of 2005 The current constitution was
promulgated on 12 April 1980 and replaced the constitution of 26 July 1847.  Human rights
are enumerated beginning with Chapter Three (Fundamental Rights), conforms with  the
1948 Universal Declaration of Human Rights of which Liberia is a signatory and are detailed
below.  For a full English translation of Liberia's Constitution, click
here.
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