A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS WENDY CUNNINGHAM SARIKA GUPTA RUTH JAPPAH A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS © 2021 The World Bank Group 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org This work is a product of the staff of The World Bank Group. “The World Bank Group” refers to the legally separate organizations of the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC), and the Multilateral Investment Guarantee Agency (MIGA). 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Report and cover design: Melina Yingling, The World Bank Group A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS SARIKA GUPTA WENDY CUNNINGHAM RUTH JAPPAH With special thanks to Natalie Smith and Tracy Kapezi for research and writing assistance and to Lou Marie Granier and Isabela Drossos for lending their legal perspective as reviewers on the health-related sections of the document. CONTENTS EXECUTIVE SUMMARY....................................................................................................... 2 CHAPTER 1: INTRODUCTION............................................................................................. 14 CHAPTER 2: PROPERTY RIGHTS AND FAMILY RIGHTS................................................ 18 INTRODUCTION........................................................................................................................................18 LEGAL FRAMEWORK................................................................................................................................19 TOPIC ANALYSIS.......................................................................................................................................22 1. Property Ownership Rights............................................................................................................22 2. Property Usage and Decision-Making Rights: Individual and Communally Owned Property..............................................................................................................................26 3. Property Inheritance Rights..........................................................................................................27 4. Family Law and Women’s Rights to Child and Spousal Support.......................................28 CONCLUSION............................................................................................................................................30 POLICY RECOMMENDATIONS...............................................................................................................31 Property Ownership Rights...............................................................................................................31 Property Usage and Decision-Making Rights..............................................................................32 Property Inheritance Rights..............................................................................................................32 Other Rights of Women Under Family Law (i.e., Child and Spousal Support)....................32 CHAPTER 3: LABOR AND EMPLOYMENT LAW............................................................... 34 INTRODUCTION........................................................................................................................................34 LEGAL FRAMEWORK................................................................................................................................34 TOPIC ANALYSIS.......................................................................................................................................37 1. Hiring, Dismissal, and Working Hours.......................................................................................37 2. Remuneration..................................................................................................................................39 3. Parenthood Protections...............................................................................................................41 4. Social Benefits................................................................................................................................44 CONCLUSION............................................................................................................................................50 POLICY RECOMMENDATIONS...............................................................................................................52 Family Law.............................................................................................................................................52 Proposed Amendments to the Decent Work Act (DWA)...........................................................52 Proposed Amendments to the Civil Service Standing Orders (CSSO)..................................52 Strengthening Women’s Empowerment........................................................................................52 CHAPTER 4: REPRODUCTIVE HEALTH & SEXUAL/GENDER BASED VIOLENCE....... 54 INTRODUCTION........................................................................................................................................54 LEGAL FRAMEWORK................................................................................................................................56 TOPIC ANALYSIS: Sexual and Gender-based Violence (SGBV).......................................................57 1. Sexual Assault / Abuse..................................................................................................................57 2. Rape..................................................................................................................................................59 TOPIC ANALYSIS: Sexual and Reproductive Health (SRH)................................................................62 1. Female Genital Mutilation (FGM)................................................................................................62 2. Abortion............................................................................................................................................64 CONCLUSION............................................................................................................................................65 POLICY RECOMMENDATIONS...............................................................................................................67 General Reforms Regarding Rape and Sexual Assault/Abuse...............................................67 Amendments to the Domestic Violence Act................................................................................68 Amendments to the Children’s Act.................................................................................................69 Improvements to Implementation and Enforcement.................................................................69 Education and Awareness................................................................................................................69 CHAPTER 5: CONCLUSION & SUMMARY OF REFORM RECOMMENDATIONS......... 72 GENERAL REFORMS.................................................................................................................................75 TOPIC-SPECIFIC REFORMS.....................................................................................................................75 EXECUTIVE SUMMARY Women play a critical role in Liberia’s economic and social development, though institutional barriers limit their potential contribution and their personal well-being. Women generate an estimated 38.4 percent of Liberia’s annual GDP and 70 percent of (unpaid) domestic housework. They have played pivotal roles in overcoming national hardships such as the post-civil war peace process and the Ebola crisis. And Liberia has elevated a woman to the highest elected office in the country. Despite such contributions, women and girls in Liberia face substantial institutional and cultural disadvantages in access to health, education, assets, and labor opportunities. These constraints perpetuate gender disparities, inhibit female empowerment, and limit Liberia’s economic and social development. Liberian women’s disadvantage begs the question of to what extent are women’s rights and interests protected by the law. Several pieces of Liberian legislation explicitly support women’s access to health, assets, and labor opportunities, as well as address gender-based violence. For example, new legislation provides equal land governance and management rights to women and men in customary communities. Recent reforms of the Penal Code provide stronger penalties for sexual and gender-based violence crimes. Liberia’s labor and employment laws have emphasized gender-neutral concepts such as equal pay for equal work and the right of all citizens to safe, humane conditions in the workplace. However, many areas of legislation still fail women and girls. This review assesses Liberia’s legislative and legal institutional frameworks through a gendered lens, seeking to identify both the strengths and shortcomings of the country’s legal landscape as it pertains to female empowerment. It is intended to assess the letter of the law, how statutory and customary laws completement or contradict each other, and enforcement potential given the social norms governing women’s and men’s behaviors. The review focuses on three main topic areas: (i) 7 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS sexual and gender-based violence (SGBV) and sexual and reproductive health (SRH); (ii) women’s property and family rights; and (iii) labor and employment laws. The main Liberian legislation governing each topic area was reviewed and analyzed through a gender lens, meaning that the analysis takes into consideration the social and economic context that determine women’s and men’s time use, roles and responsibilities, power relationships, and expectations. Three overarching conclusions First, gaps and ambiguities within current legislation end up placing women at a disadvantage, when taking into account social norms and women’s roles in society. For example, the Decent Work Act (DWA) stipulates rigorous protections for workers in the formal sector while most women work in the informal sector, and thus are not protected by the law. In terms of property law, a restrictive Constitutional definition of individual property being acquired as a result of “one’s own labor” does not sufficiently recognize the non-monetary contributions to the purchase of property made by female household members. As a result, women may not have a constitutionally protected right to property that they may have helped purchase and/or maintain. Second, there are contradictions between what is stipulated under statutory law and what is considered to be an appropriate customary practice. For instance, though statutory law on inheritance rights specify that a widow may continue to live on and manage her deceased husband’s estate regardless of her marital status, customary law asserts that she forfeits her right to her deceased husband’s property upon remarriage. Another example is the age of sexual consent: it is 18 years of age in statutory law but 16 years of age in customary law. This causes ambiguity in whether the sexual partner of a 16- or 17-year-old child is guilty of rape (under statutory law) or not (under customary law). Third, enforcement mechanisms within some current legislation are weak, too tedious to prosecute or nonexistent, limiting the laws’ efficacy in protecting women and reducing gender disparity. For example, the Decent Work Act (DWA) requires equal work for equal pay. But the concept of “equal work” and “equal pay” are not defined, the burden of proof is high, and the penalties are minimal. Regarding Sexual and Gender Based Violence legislation, the Education Reform Act of 2011 clearly defines and prohibits sexual offenses on school grounds, but it does not specify punishments for offenders nor require school administrators to punish or expel offenders. The report also identified issues specific to each of the three topic areas. Property and family rights law is complex and can be internally inconsistent, uses vaguely defined concepts, does not adequately account for the division of labor and power structure in the households, and is subject to contradictions with statutory law. Several laws govern property and family rights, but new laws co-exist with older laws, creating internal inconsistencies. For example, the Constitution EXECUTIVE SUMMARY 8 says that property ownership accrues to the individual who worked to acquire the land while later laws specify that ownership is defined by the name on the property deed. Vague and inconsistent definitions in “marriage” and “parentage” complicate property ownership, usage, and inheritance rights. Traditional norms governing decision-making in the household put women at a disadvantage in land acquisition and usage. Finally, customary norms – such as married women relocating to her husband’s community or multiple wives – are not internalized in the design of statutory land and property law. Liberia’s labor and employment laws have placed significant emphasis on gender neutrality, but at a cost to women. In following ILO good practice, the DWA effectively stipulates employment protections and workplace norms for pregnancy, maternity leave and breastfeeding. However, complementary regulations that require employers to provide the means for these laws to be implemented are lacking. The effort to be gender neutral on other aspects of the DWA effectively ignores women’s gendered responsibilities. For example, the only leave time that cannot be carried over or monetized is family leave, which is most likely taken by women. General guidelines for contracting are provided in the DWA, but the specific bargaining around work contracts between the employer and the worker are not regulated. Since women have less agency, on average, than men, women’s contract are likely to be less beneficial to the worker. Moreover, eligibility for Liberia’s pension scheme requires 48 months of consecutive employment while women’s household responsibilities lead to frequent labor force entry and exit, making many ineligible for the pension scheme. With regards to SGBV and SRH, Liberia has made significant advances in some areas, such as a broader definition of domestic violence and elevating rape to felony status, while ignoring other deep issues, such as FGM and customary norms around SGBV. In the issues where there have been advances, some well-intentioned reforms may exacerbate women’s vulnerability. For example, the lengthy process for convicting a rape felony may reduce reporting and prosecution. While in other cases, further work can be done to protect women and girls, such as converting the Teacher Code of Conduct section on SGBV in schools into law. The conflicts with customary law are more challenging but must be addressed rather than ignored. While statutory law might set the age of consent at 18, it will rarely over-ride the customary law age of 16 in traditional communities. While the President may sign an Executive Order to eliminate forced FGM, the practice will continue as long as social norms remain unchanged and the legal framework is not effectively implemented. Three Overarching Reforms To achieve widespread female empowerment in Liberia, further reform to laws and implementing institutions could: • Put new emphasis on designing laws that account for women’s and men’s gender roles. For example, since most women work in the informal sector, laws governing sexual harassment in the workplace, equal pay for equal work, and maternity protections may need to be designed and implemented through public safety, equity, and family law rather than labor law. Or, clearly 9 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS legislate a broad definition of “marriage” that includes partnerships in all forms, is easily proven, and is consistently used across all legislation. • Work to harmonize statutory and customary law. This may mean starting from the perspective of customary law and building statutory law on top of it. For example, start with the customary definition of property ownership and provide greater definition, in statutory law, within that context. • Design enforcement so that it incentivizes good behaviors in practice. While it was admirable to convert rape to a felony, the lengthy process for prosecuting a felony may have made the crime more prevalent. Thus, it would be useful to undertake a study to assess the incentives (both real and implicit costs) that current reporting processes, enforcement, and punitive measures generate for preventing, reporting, and prosecuting violation of laws that negatively affect women. And use the study findings to map a reform agenda. Priority Topic-Specific Reforms The report recommended many reforms to property and family rights laws. Some of the key recommendations include: • Amend legislation to ensure women can access and use property that they have helped purchase or maintain. Current legislation could be amended so that a married couple is considered joint owners of any property acquired during marriage, regardless of whose name is on the deed. Both husband and wife should possess equal decision-making and usage rights on property they both helped acquire. • Restructure the child custody litigation process so that women and men have equal custodial rights. In terms of family law, a father’s custodial rights currently supersede a mother’s in nearly all situations, regardless of whether the mother is better suited to provide for the child. Amendments to family law and reform of the custodial litigation process may therefore be necessary to ensure that the child’s well-being is the primary consideration in litigation, and that a mother’s legal right to custody is equal to a father’s. In terms of labor and employment-related policy recommendations: • Ensure that the DWA’s protections are extended to Civil Servants. At present, the CSSO is essentially a replacement of, rather than an addition to, the DWA. However, there are clear gaps within the CSSO that leave employees unprotected in key areas. Amending the DWA to include Civil Servants within its protections would ensure that their rights are just as protected as those of Liberians working in other sectors. EXECUTIVE SUMMARY 10 • Address the need for infrastructure support for new mothers in the workplace. Though the DWA recognizes the unique needs of new mothers in the workplace, it could go further in protecting women by requiring employers to provide separate breastfeeding and/or childcare facilities. This would allow women to remain at work during their legally allotted nursing breaks and support their consistent engagement in the labor force, even after childbirth. • Provide a gender-neutral “parental leave” option to employees. A “parental leave” option that allows couples to decide which parent will remain home with the child may provide families with more decision-making power regarding childcare arrangements and prevent the burden of care from necessarily falling entirely on the mother. In the area of SGBV and SRH-related issues: • Enact legislative reform for greater specificity in defining punishment for crimes such as sexual assault. Currently, there are no mandatory minimum sentencing guidelines for cases of sexual assault involving “aggravating circumstances”, such as when the crime involves a child or results in permanent physical, psychological, and/or emotional injuries. Minimum sentencing guidelines ensure that there is a sufficiently stringent penalty prescribed in each case and also serve as a strong deterrent. • Provide greater support to survivors of SGBV crimes. Providing some form of support (e.g., monetary) to assist survivors of severe SGBV crimes during investigations and trials could reduce instances of survivors and their families being paid by perpetrators to not testify. Several areas of Liberia’s legislation explicitly support women’s access to health, assets, and labor opportunities, as well as address gender-based and other sexual violence, but more and better legislation is still necessary to unlock women’s and girl’s potential. Women and girls in Liberia face substantial institutional and cultural disadvantages. As a result, they are unable to fully engage in the labor market, participate in society, and raise their children in a way that will empower them to play an even greater role in advancing Liberia’s economic and social development. Liberian women have some of the worst human development indicators in the world, highlighting that the system is failing them in securing their personal rights, as well. There is work to do across the legal system, as well as within specific domains of women’s lives, to ensure that women and men, who are governed by social norms that define their roles and relationships, enjoy the same rights and are equally protected under the law. Some reforms are immediately obvious, others will require analysis, dialogue, and consensus to design and enact them. 11 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS For example, statutory SGBV legislation defines the age of consent as being eighteen, while customary law allows children as young as sixteen to be married, making statutory age of consent legislation significantly less enforceable in cases involving children between the ages of sixteen and eighteen. Third, strengthen enforcement and the incentives prescribed for punishment and design them in the context of social norms, to enhance the impact of the laws. For example, while laws addressing SGBV in schools explicitly forbid relations between teachers and students, they do not provide any enforcement mechanisms nor punishment for sexual offenses committed by school administrators, school agents, or students. The report also provides suggestions for improving specific legislation within the three topic areas. The analysis and results are presented in four chapters following this introduction. Chapters 2 through 4 each focus on one topic area: property and family rights, sexual and reproductive health including gender-based violence, and labor and assets.7 Each chapter presents the primary legislation that governs the topic area and is used for the analysis, analyzes issues within that legislation, draws overall conclusions, and provides policy recommendations – including suggestions for amendments to existing laws, proposals for future legislation, and complementary interventions to enhance the power of the law – so that the cultural, economic, and financial constraints women face are better addressed and their rights better protected. The final chapter provides conclusions and policy recommendations that cut across the entire report, as well as topic-specific findings that merit emphasis. 7. Education is not included due to a paucity of legislation governing education. Instead, education is addressed in the SGBV section. CHAPTER 1 INTRODUCTION Women play a critical role in Liberia’s economic and social development, though institutional barriers limit their potential contribution and their personal well-being. Women generate an estimated 38.4 percent of Liberia’s annual total output – nearly USD 1 trillion annually,1 via high labor force participation and employment rates that are similar to those of men. They are responsible for 70 percent of (unpaid) domestic housework, equal to an additional USD 500 million in non-market production.2 Women have contributed significantly to Liberia’s social well-being, such as their leadership in the post-civil war peace process and their paid and unpaid work managing the Ebola crisis.3 They have reached the highest political levels by electing Africa’s first female head of state in 2006. Despite such contributions, women and girls in Liberia face substantial institutional and cultural disadvantages in access to health, education, assets, and labor opportunities that perpetuate gender disparities, inhibit female empowerment, and limit Liberia’s economic and social development.4 Women’s severe disadvantage in Liberia – one of the poorest countries in the world – begs the question of to what extent are women’s rights and interests protected by the law, and which laws actually hinder their well-being. Several pieces of Liberian legislation explicitly support women’s access to health, assets, and labor opportunities, as well as address gender-based violence. However, it is less clear to what extent legislation is comprehensive, consistent across the statutory and customary legal systems, and enforceable. 1. Del Bono, Mitja, Wendy Cunningham, Sarika Gupta, Mahesh Karra and Joshua Wilde. 2021. “Liberian Women Count: Evidence from a Macrosimulation of the Gender Dividend.” SPJ West & Central Africa Region: World Bank. mimeo. 2. Ibid. 3. UN Women, 2021. 4. World Bank. 2021. “An Assessment of Gender Gaps in Liberia through a Women’s Empowerment Lens.” Washington, D.C.: World Bank Group. 15 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS This legal review assesses Liberia’s legislative and legal institutional frameworks through a gendered lens, seeking to identify both the strengths and shortcomings of the country’s legal landscape as it pertains to female empowerment.5 It is intended to assess the letter of the law, how statutory and customary laws completement or contradict each other, and enforcement potential given the social norms governing women’s and men’s behaviors. The review focuses on three main topics: sexual and gender-based violence (SGBV) and sexual and reproductive health (SRH); women’s property and family rights; and labor and employment laws. The leading Liberian legislation that governs each topic was reviewed and analyzed through a gender lens, meaning that it takes into consideration the social and economic context that determine women’s and men’s time use, roles and responsibilities, power relationships, and expectations. The findings are intended to inform the design of effective policy interventions as well as highlight further legislative work that could better support women and girls. This report finds that the Liberian government continues to prioritize important female-specific issues – such as the elimination of violence against women and girls – within its development agenda. Accompanying efforts have included the enactment of key legislation that expands protections against rape, sexual assault, and domestic violence, as well as the formation of partnerships with civil society organizations to address the physical and psycho-social needs of survivors of SGBV. Moreover, there is legislation in place to protect both public and private sector employees – particularly women – from sexual harassment in the workplace. Though progress has been made, the report also finds that legislation in Liberia could better account for the gender-specific constraints faced by women in their homes, communities, and places of work that may be limiting their empowerment and overall well- being. The report identifies three areas in need of significant attention. First, close the gaps and clarify the ambiguities within Liberia’s laws that place women at a disadvantage. For example, the Decent Work Act (DWA) stipulates a sub-minimum wage for some occupations (eg: domestic service) that are disproportionately female, contributing to gender wage gaps. The Domestic Relations Law (DRL) is ambiguous about whether property acquired by women during marriage is individually or jointly-owned. Second, align statutory legislation and prevailing customary practices, to not hinder the efficacy of legislative reforms. As succinctly stated in UN Women (2021), Liberia’s “statutory and customary law and practices coexist and interact.” Customary law can be defined as “a set of mechanisms providing an alternative to the formal statutory justice system for different segments of the population, that can vary depending on the community’s religion, ethnic background, and geographical, social, and economic context.”6 Liberia’s constitution recognizes the reach of customary laws, especially in the “hinterlands.” 5. This review does not consider international and regional treaties, conventions, Declarations, and commitments that Liberia has adopted, ratified, and signed. See UN Women (2021) and the sources therein for a complete treatment of these legal frameworks. 6. UN Women (2021) p. 27. Given the ethnic diversity in Liberia, with more than 16 ethnic groups, and how the norms of cultural groups differ by location (especially urban-rural divides), there is not a single set of “customary law” that governs traditional communities or ethnic groups. Instead, so called “customary law” will differ by group, location, religion and other factors. CHAPTER 2 PROPERY RIGHTS AND FAMILY RIGHTS INTRODUCTION The right to property, both real and personal8, is an essential component of female empowerment. The ability to own and control land and assets can strengthen a woman’s bargaining power within the home, improve her standing within the community, and promote her autonomy in decision-making, the impact of which may extend to other family members. For Liberia in particular, whose agricultural workforce is disproportionately female and self-employment is the main form of work, a woman’s right to own and control land and other forms of property is critical. Strong family law promotes both women’s and children’s empowerment by improving their agency and access to resources. Laws governing women’s land and property ownership, usage, and transfer are subject to the concept of the “family” – particularly when the family structure changes due to marriage, divorce, or death – and are best implemented if built on well-defined family law. Additionally, it is important for both mother and child that such laws protect a child’s right to live with whichever parent can best provide for their needs, to receive financial support from the non-custodial parent in cases of divorce, and to inherit familial property. Protection of these rights ensures that the child may thrive in the present and contribute – both at the household and community level – in the future. 8. “Real property” refers to any property that cannot be moved and is either land or attached to land. “Personal property” can be moved, is subject to ownership, and excludes land. (Source: https://legalmatch.com/law-library/article/legal-definition- of-personal-property.html. 19 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS Despite the importance of protecting such rights, inconsistencies amongst – and discrimination within – statutory and customary laws in Liberia have left women and their families vulnerable. To protect and strengthen women’s right to own, use, control, and inherit property, and to ensure their children receive their rightfully owed support and inheritance, current legislation could more fully consider the varied barriers to accessing these rights that women face. LEGAL FRAMEWORK Both statutory and customary law in Liberia address women’s rights to property ownership, usage, and inheritance, as well as the protection of family rights, though conflicting legal provisions hinder enforcement. Provisions within the following six legal instruments have intended to strengthen women’s property and family rights by allowing them to be the sole owners of their property brought into a marriage, allocating a significant amount of husbands’ estates to their wives and children in the event of death or divorce, and providing for protection from disinheritance: CONSTITUTION OF LIBERIA The property rights of all Liberian citizens – both male and female – are clearly stated in the Constitution. According to Article 2, the Constitution is considered to be “…the supreme and fundamental law of Liberia”, and supersedes “any laws, treaties, statutes, decrees, customs, and regulations…” that are inconsistent with constitutional provisions.9 On the basis of that superseding authority, Article 22 recognizes the right of every person to own property, whether alone or in association with others, married or unmarried, man or woman, boy or girl. Under the Constitution, both married men and women may maintain individual ownership and decision-making rights over their property upon entering a marriage. Any property acquired either before or during marriage solely belongs to the individual who inherited or acquired the property through “his or her own labor”. Interference from one spouse in the affairs of the other’s property is forbidden.10 This provision lays the legal foundation for the separate property rights of a husband and wife. The Liberian Constitution also protects the property inheritance rights of women and children. Article 23(b) directs the legislature to create laws establishing the rights of inheritance and descent for spouses of both statutory and customary marriages. It also encourages the provision of adequate protections to surviving spouses and children of such marriages.11 9. Constitution of Liberia, Article 2. 10. Id., Article 23(a). 11. Constitution of Liberia, Op. Cit, Article 23(b). PROPERTY RIGHTS AND FAMILY RIGHTS 20 However, a high burden of proof for divorce and the requirement that one must be the successful plaintiff to receive compensation – whether in the form of alimony, child support, or property allocation – leaves women and children vulnerable. The Constitution states that, should a spouse wish to file for a statutory divorce, he or she may do so only when the following circumstances are proven: “… cruel and inhuman treatment that makes the continued cohabitation as husband and wife dangerous to the physical or mental well-being of the plaintiff, desertion of the plaintiff by the defendant for a period of one plus year, adultery12, [or an] incompatibility of temper that is so extremely quarrelsome and intolerably pugnacious that life together becomes dangerous.”13 Since one of these conditions must be proven for divorce to be granted, and since only the spouse who files (and wins) a case is eligible to receive compensation, women may face multiple constitutional disadvantages to property inheritance and financial support upon divorce. DOMESTIC RELATIONS LAW (DRL) OF 1973 The Domestic Relations Law of 1973 explicitly defines some property rights for women in a marriage. Specifically, the DRL articulates a woman’s right to maintain sole ownership and decision-making rights over her property brought into a marriage, even upon divorce. It also provides married women with the right to legally transact business with their husbands as if they were single.14 However, it does not address a woman’s ownership rights for property acquired within a marriage as a sole result of her own labor (i.e., the constitutional definition). CIVIL PROCEDURE LAW (CPL) OF 1973 Provisions within the Civil Procedure Law indicate that even couples not officially married under statutory or customary law may still be considered married under the CPL, an important distinction for the purposes of both property and family law. In Liberia, legal proof of marriage is a key prerequisite for women to access and benefit from their ownership and inheritance rights. Under the CPL, “when persons live together as husband and wife and hold themselves out to be husband and wife, they are presumed to be married.”15 Couples in such presumed marriages must be in a consensual long-term relationship, thereby excluding any relationship in which someone is being held against their will. Other elements of this form of marriage, such as what it means to “hold oneself out” to be a husband or wife, are unclear and subjective.16 12. A person divorced for adultery must wait three years before marrying again. There are no legal restrictions to remarrying after being found guilty of abuse or related offenses. 13. Constitution of Liberia, Subsection 8.1(a-d) 14. DRL Op. Cit., Subsection 3.4. 15. Civil Procedure Law, 1973, Section 25.3. 16. While Liberia’s civil law prohibits polygamy, customary law allows men to have multiple wives. 21 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS EQUAL RIGHTS OF THE CUSTOMARY MARRIAGE ACT (ERCM) OF 199817 The ERCM legally recognizes customary marriages and provides customary community members with property right protections equal to those found in statutory law, but long-held cultural traditions limit the Act’s efficacy. Under the ERCM, women married under customary law possess the same property ownership rights as those married under statutory law. However, the law fails to take into account how land, one of the most important types of property in Liberia, is owned within traditional communities. Provisions in the ERCM only apply to private land, while land is generally owned communally under customary law. Additionally, though the ERCM protects the property ownership rights of both men and women, tribes that view women as a form of property and adhere to the belief that “property cannot own property”18 would be unlikely to recognize women as landowners. LAND RIGHTS ACT (LRA) OF 2018 The Land Rights Act of 2018, the most recent reform of Liberian property law, provides equal land governance and management rights to women and men. The Act also built upon the ERCM’s goal of providing equal protection to those under customary law by extending individual property rights to both women and men from traditional communities. The LRA also provides community membership to spouses of community members, as well as addresses property allocation following a customary divorce. Spouses of community members originating from different communities previously lacked important rights traditionally reserved exclusively for members, such as real property ownership. Before the LRA was enacted, women in customary marriages who married into a different community than their own were only entitled to property and benefits through their husbands. Upon dissolution of marriage (either by death or divorce), women had three choices: return their dowry and go back to their parents’ village, remain in their former husbands’ community and marry a next of kin, or remain strangers within the community without access to the property or related rights afforded to community members. Under the LRA’s provisions, women from different communities of origin can individually own private property and maintain their ownership of property after the death of, or divorce from, their husbands. DECEDENTS ESTATES LAW (DEL) OF 1972 The Decedents Estates Law of 1972 specifies the inheritance rights of spouses and their surviving children in an effort to protect them from disinheritance by a will. The law provides that property 17. The full name of the law is “The Act to Govern the Devolution of Estates and Establish Rights of Inheritance for Spouses of both Statutory and Customary Marriages”, but it is more commonly referred to as the Equal Rights of the Customary Marriage Act (or “ERCM”). 18. This phrase may be used amongst members of traditional tribal communities to describe the concept that, because women are considered a form of property, they cannot own property of their own. PROPERTY RIGHTS AND FAMILY RIGHTS 22 valued at $5,00019 outright and one-half of the estate’s residue20 for life shall be allocated to a widow or widower with children. The other half of the estate’s residue is allocated to the deceased’s children. Upon the remaining spouse’s death, their portion of the deceased’s estate is then inherited by his or her children. A widow or widower without children receives property valued at $10,00021 outright and one half of the estate’s residue for life, with the remainder being allocated to the deceased’s parent(s). Upon the death of the remaining spouse, their portion of the deceased’s estate is allocated to the deceased’s parents. If there are no surviving lineal descendants (i.e., parents or children), other family members will inherit the deceased’s property.22 TOPIC ANALYSIS Provisions within property and family rights law in Liberia have sought to address the unique challenges faced by women, but the present gaps in protection – particularly for women under customary law – warrant further assessment. Subsequent sections of this chapter will therefore analyze the current legal framework guiding property and family rights in Liberia, assess enforcement mechanisms (if any), and discuss the effects the laws have had on strengthening women’s rights to own, control, and inherit property. The legal ability of women to receive other forms of financial support upon the dissolution of marriage, as well as whether that support is received in practice, will also be considered. PROPERTY OWNERSHIP RIGHTS This section analyzes three aspects of property ownership rights and the extent to which the legislation benefits women. The three areas are: individual ownership of property; proof of land, property rights, and joint ownership within marriage; and property distribution following the dissolution of marriage. Individual Ownership of Property Both male and female Liberian citizens have a constitutional right to individually own property. According to Article 23 of the Constitution, property acquired within a marriage due to “one’s own labor” is considered to be the sole property of the individual. Importantly, only Liberian citizens have the right to own real property under the Constitution. This restriction limits the economic potential of 19. The currency for the amounts specified is not explicitly mentioned in the law but is presumed to be USD (as that was the only currency in use when the law was written). 20. The “residue” of an estate refers to “…the aggregate of all of the probate assets of the estate which have not otherwise been paid toward debts, expenses, or taxes of the estate, or given away in the testator’s will via specific gifts, demonstrative gifts, or general gifts.” (Washington Wills, https://wa-wills.com/legal-library/glossary/residue/). 21. See above. 22. According to 3.2 of the DEL, other family members (such as brothers and sisters of the deceased) may inherit property from the deceased if, for example, the deceased has a surviving spouse but no lineal descendant (such as a parent or a child). 23 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS Liberian families with non-Liberian male household heads, with implications for their family’s well-being. The constitutional definition of individual ownership as being due to “one’s own labor” does not adequately recognize the non-monetary contributions most often made by female household members. Though the Constitution guarantees sole ownership of property acquired during marriage, the requirement that property must be acquired due to “one’s own labor” does not account for the varying ways in which men and women contribute to the purchase of property. Households often pool assets and labor, where men specialize in certain tasks (usually outside of the household) and women in others (largely inside the household). This puts men in the position of accumulating assets through their “own” labor, which they can do more effectively if others (women) are laboring at other tasks required within the home. This division of labor within a household therefore limits women’s – and bolsters men’s – ability to be the sole owner of property. Statutory law is ambiguous regarding the right to individual ownership of property within a marriage. While it is clear under the Domestic Relations Law (DRL) that women retain sole ownership of their own property brought into a marriage, it does not speak to whether men have the same right. Furthermore, it does not define ownership of property acquired during a marriage as either individually or jointly owned. Recent reforms have addressed the barriers to individual property ownership within traditional communities and have specifically taken women’s property rights into account, as well. In particular, the Land Rights Act of 2018 extended private land rights to tribal communities as a whole, as well as to both male and female community members at the individual level.23 As a result, women in these communities are now legally able to individually own land as private property for residential and agricultural purposes. Despite such legislative advancements, implementation and enforcement of property ownership laws may conflict with cultural practices, particularly in traditional communities. Though there are legal provisions – such as those in the Equal Rights of the Customary Marriages Act (ERCM) and the LRA – stipulating the contrary, decisions on land governance and use in traditional communities are predominantly made by male elders. And, while the LRA was an important step towards advancing community women’s socioeconomic agency, knowledge of the law is still limited within the communities that should benefit from its provisions. Given that the LRA was just enacted in 2018, observable shifts within community life and with regards to women’s rights to property ownership may emerge over time. 23. Before the enactment of the LRA, land owned by tribal communities was not protected by important private property rights, such as the right to alienate land without the owner’s approval. Tribal lands belonged to the Government of Liberia and could only be alienated with approval from the government through a public land sale. The government also had the right to relocate communities without the communities’ approval and without needing to negotiate a fair compensation for the communities’ land. Moreover, under the old customary land tenure, women could only access community land through a male relative. PROPERTY RIGHTS AND FAMILY RIGHTS 24 Proof of Land, Property Rights, and Joint Ownership within Marriage Property acquired during marriage is not legally presumed to be jointly owned unless both partners’ names are on the deed. A registered deed is prima facie proof of one’s right to land in Liberia.24 If a land deed does not bear a person’s name, he or she is presumed to have no interest in that land. When a husband and wife purchase land together25, their names are placed on the deed as proof that the property belongs to both of them. However, it is common for married women, particularly those who cannot read and write, to leave the purchasing of land and other major forms of property to their husbands. Therefore, wives’ names are often not on deeds, even if they have made explicit (money) or implicit (household labor) contributions to the purchase of said land or property. Only individuals – not married couples – can own land in common under the LRA, which contradicts provisions found within the DRL. Land ownership in common with another person means the consent of the other co-owner is not required to use said land. Once a married couple’s names are on a deed, the land is owned “by the entireties”, or as community property between both spouses. Any land in which both spouses’ names are recorded is considered jointly owned and is only divided or alienated with both spouses’ consent. Neither spouse may exercise control over said property without the other spouse’s consent. This provision of the LRA contradicts the DRL, which states that spouses acting as tenants in common may partition or divide property held amongst them. However, an interpretation of this provision of the DRL could be that spouses may only act as tenants in common, but are actually co-owners of the entire land. Property Distribution Following the Dissolution of Marriage Statutory laws regarding how property should be divided upon divorce vary based on whether the property was individually or jointly owned and whether it was originally the wife’s or the husband’s. According to the DRL, the property a woman brings into her marriage is solely hers. Upon the dissolution of marriage – either by divorce or by death – it remains so. Moreover, if she is successful in a divorce case, a wife is entitled to at least one-fifth and up to one-third of her husband’s privately owned personal and real property26 for the rest of her life.27, 28 The DRL does not specify whether men possess these same legal protections for their sole property, but jointly owned marital property is partitioned equally between both husband and wife upon divorce. If it cannot be partitioned, the property is sold and the proceeds are divided equally between the ex-spouses. 24. LRA, Op. Cit, Article 9. 25. In this sense, “purchasing land together” means that both the husband and wife engage the seller in the buying process. 26. This includes all properties acquired as the result of the husband’s own labor (as per the Constitution), regardless of if he acquired said properties before or during the marriage. 27. DRL, Op. cit. Subsection 8.7. 28. A divorce case is only considered successful if at least one of the following circumstances is proven: “…cruel and inhuman treatment that makes the continued cohabitation as husband and wife dangerous to the physical or mental well-being of the plaintiff, desertion of the plaintiff by the defendant for a period of one plus year, adultery, [or an] incompatibility of temper that is so extremely quarrelsome and intolerable pugnacious that life together becomes dangerous.” (Constitution, Subsection 8.1(a-d)). 25 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS The strict requirements for receiving property in a divorce settlement combined with the infrequency of joint property ownership between spouses leaves women at risk of exiting a marriage with no assets to their names. If a woman cannot successfully prove one of the necessary grounds for divorce, or if the husband files for the divorce rather than the wife, she may not be entitled to any of her husband’s property. In addition, deeds are considered the only legal proof that property is owned by one or more individuals. If a woman’s name is not on her husband’s property deed(s), her rights to her husband’s property only extend to the property he owns at the time of the divorce. The husband could sell or dispose of his property (e.g., houses, land, cars, etc.) right up to the point of divorce without his wife’s consent to prevent her from acquiring it. Moreover, legal definitions of – and provisions for – presumed marriages are vague, which is particularly troubling in cases of dissolution. Since the law does not specifically clarify which relationships qualify as presumed marriages, the default preference for men in divorce litigation may prevent women in presumed marriages from accessing any right to their partner’s property. Under the ERCM, the same statutory provisions for property distribution mostly apply to customary divorce cases. One important divergence from statutory law is that in customary divorce cases involving more than one wife, each wife may receive up to one-third of the one-third of their husband’s property allocated under statutory law.29, 30 However, a woman in a customary marriage may not be able to receive a portion of her husband’s real property upon divorce if the property in question is communal. Though the ERCM and LRA have advanced and extended traditional communities’ rights to property ownership, property is often still communally owned. Such properties have only rights to use and therefore cannot be alienated. Since neither husband nor wife possess ownership rights, a wife jointly using land with her husband may be rendered landless upon divorce. Despite general vulnerabilities, the property rights of women from customary marriages living in urban areas are often more secure than those living in rural areas. Most women in rural Liberia have little to no knowledge or understanding of the legal protections afforded to them under both the ERCM and the LRA. They may also have less access to legal counsel than their urban counterparts. Urban women’s increased security of property rights is attributed in part to the availability of lawyers in urban areas to help them reach favorable divorce settlements. Legal service providers are also able to ensure women from traditional marriages receive divorce certificates, just as those who had been married under statutory law would. Though divorce certificates are not required in customary cases, such certificates allow important processes (such as selling or leasing inherited land) to be much more easily facilitated. 29. This provision is true regardless of whether the wife is considered the successful plaintiff, a necessary requirement in divorce settlements under statutory law. 30. ERCM, Op. Cit. Subsection 2.1. Equal Right to be Accorded Customary Wife. PROPERTY RIGHTS AND FAMILY RIGHTS 26 PROPERTY USAGE AND DECISION-MAKING RIGHTS: INDIVIDUAL AND COMMUNALLY OWNED PROPERTY The right of women and men to use and control their individually owned property is constitutionally protected, and this right is not affected when individuals enter a marriage. The Liberian Constitution guarantees that land under sole proprietorship – whether by a man or woman – cannot be alienated without the consent of the owner, even upon marriage.31 Beyond the constitutional protections for sole proprietorship, it is also considered a crime under the ERCM for a husband to exercise control over his wife’s property.32 The Land Rights Act improved traditional communities’ right to use and control communally owned land and provided men and women with equal rights in land governance and management. Under the LRA, real properties held by tribal communities are now considered private properties of communities. Thus, these properties must now carry the formalities of private ownership33 and be managed by the entire community (both male and female) via Community Land Development and Management Committees (CLDMC).34 The creation of these community-level committees provided women in traditional communities a greater opportunity to contribute to land-related decision-making processes, as Article 36 of the LRA requires that CLDMCs “consist of equal representation of men, women, and youths”.35 Notwithstanding the superseding authority of statutory law, gender bias within customary law renders property decision-making rights largely inaccessible for women within customary marriages. Though the ERCM provides women in customary marriages with exclusive rights to their property and criminalizes husbands’ control of their wives’ property, it also stipulates that a wife’s property decisions must be made with the full knowledge and consent of her husband.36 This provision is both in direct conflict with itself and with the Constitution, which specifically states wives may control their own property without interference from their husband. Moreover, there is a clear gender bias within the ERCM’s provision. Unlike wives, husbands are not required to obtain their spouses’ consent to use their property, whether that property is solely owned by the husband or jointly owned between the two. Though the LRA sought to strengthen both traditional women and men’s statutory property rights regarding usage and control, customary practices continue to reinforce men’s control over women’s property within tribal communities. While the creation of the CLDMC through the LRA should theoretically have bolstered women’s ability to use and control land, this law is still new and 31. A married individual’s sole property also cannot be applied to the liquidation of debts or other obligations of the other spouse, including obligations incurred during the course of the marriage. (Constitution of Liberia, Op. Cit. Article 22). 32. ERCM, Op. Cit. subsection 2.6(a)(b) 33. These formalities include a survey, the issuance of a deed from the Government of Liberia to the community, registration, and probation. 34. LRA, Chapter 8. 35. LRA, Chapter 9, Article 36, subsection 4. 36. ERCM, Op. Cit. subsection 2.6(a)(b). 27 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS its implementation has been slow. Thus, land currently owned by tribal groups is still managed based on various customs and traditional practices. Given that these cultural norms stipulate a woman may only access land through her husband and/or other male members of her family, the LRA has yet to substantially strengthen women’s ability to use or control land in practice. PROPERTY INHERITANCE RIGHTS Property Distribution Upon Spousal Death The Decedents Estates Law (DEL) protects the inheritance rights of widows, widowers, and their children against disinheritance through a will. Provisions in the DEL stipulate that certain amounts of a deceased spouse’s real property that was not allocated in a will or otherwise used for payment of “funeral expenses, debts, and taxes”37 (e.g., one-half of the deceased’s residual estate) will be given to the surviving spouse38 and their child(ren). Such provisions help protect a surviving spouse from the relatively common practice of disinheritance through a will. However, the common trend39 of transferring all property rights of individually owned property to children or other family members before death can circumvent the DEL’s protections and potentially leave widows with nothing. If a woman’s name is not on the deed for a piece of property, she is not considered to be a co-owner of that property and lacks the corresponding property ownership rights. Since property is instead may be transferred to other family members prior to the husband’s death as a way to prevent the wife from inheriting it, a widow may be indirectly forced to maintain her property rights by marrying her husband’s relative.40 Children considered legally illegitimate face unique challenges to inheritance under statutory law, as their illegitimacy may cause them to forfeit all rights to their father’s property. The DEL requires that only children – both daughters and sons – born in wedlock or otherwise legitimized may inherit their father’s property. Children who are born out of wedlock and not legitimized by their father may not inherit from that father. However, children considered illegitimate may still inherit property through their mother. Unlike the DEL, the ERCM does not discuss legitimization, which is needed for a child to receive inheritance under statutory law. Customary law only considers a child legitimate if a man has paid the dowry for a woman with whom he has a child. While the ERCM provides that those within customary households will receive the same property rights and protections as those within statutory marriages, its lack of definition of legitimization weakens the ability of statutory law on inheritance to be enforced. 37. DEL, § 3.2. 38. The surviving spouse of the deceased cannot alienate the deceased’s property. 39. This assertion is based on interviews conducted by the author with women who own real property. 40. See Section 3(b) (“Remarriage and Inheritance Rights”) for more information. PROPERTY RIGHTS AND FAMILY RIGHTS 28 This may result in a child’s inability to inherit their father’s property and, therefore, limit their household’s economic potential. Remarriage and Inheritance Rights Statutory law provides that a surviving wife has the right to remain on her deceased husband’s property and to purchase her matrimonial home, though the latter may only be done under certain conditions. In both cases, the same rights apply to both surviving wives and husbands. The DEL asserts a widow’s right to administer her husband’s property or to remain in the dwelling home upon the death of her husband. Importantly, her ability to remain on the property is not tied to whether or not she remarries or enters into a new relationship. The surviving wife is also legally eligible to purchase her matrimonial home, but only if it was owned by her deceased husband and if she lived there prior to her husband’s death. Remarriage and inheritance rights under customary law share some similarities with statutory law, but also contain important contradictions. After the death and burial of a husband, the ERCM provides that the widow or multiple widows of a customary marriage may remain on the husband’s premises to manage the property he left behind. However, if one or more of them remarry, she or they automatically forfeit their right to the properties owned by their late husband and must leave the premises. At this point, property ownership rights are transferred to the late husband’s children and family. This provision is in direct conflict with other forms of statutory law, which are in place to prevent the widow or widows from being compelled to remain with the family by marrying kin of her/their late husband. Given the importance of marriage as a way for a widow to remain integrated in the community and local economy, these conflicting provisions may lead a woman to marry a family member in order to keep her home. FAMILY LAW AND WOMEN’S RIGHTS TO CHILD AND SPOUSAL SUPPORT Child Custody and Support Parental obligations regarding child custody and support differ based on the status of the parents’ marriage. While spouses are married and living together, they are legally considered to be the joint guardians of their children and are equally responsible for the children’s support. Upon separation, the father’s right to custody legally supersedes the mother’s. The father is also liable for financially supporting his children until they reach twenty-one years of age, if the children are proven to be legitimately his. The only case in which a mother’s right to custody legally supersedes the father’s is if the father is considered to be unfit as a parent.41 In such cases, the mother has both the custodial rights 41. There are currently no legal guidelines for determining whether a father is “unfit”. 29 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS and the obligation to financially support the children.42 If a child was born out of wedlock, supporting him or her is generally the mother’s responsibility. The child only becomes the financial responsibility of the father if he marries the mother or otherwise legitimizes the child by acknowledging her/him in an open court before a justice of the peace, adopting her/him, or if a man has been adjudicated to be the child’s father by a court of appropriate jurisdiction.43 If the father of a child that is considered to be legitimate is found to be incapable of supporting said child and/or lacks sufficient means to do so, the cost of child support is apportioned between both parents according to their respective means. Statutory and customary law have varying approaches to the granting of child custody upon parental death. Statutory law provides that children should remain with their mother as the custodial parent upon the death of a father. Conversely, customary law stipulates that the deceased father’s family should be granted custody of his children upon his death. This conflict between statutory and customary law can greatly complicate a mother’s ability to secure custody of her children. Ultimately, a greater emphasis on the welfare of the child is needed in both customary and statutory law. Both parents should have equal rights under the law to the custody of their child, and the primary consideration in custody hearings should be the well-being of the child. Spousal Support in Divorce Cases Statutory law considers a wife to be a dependent of her husband and therefore entitled to his support, both within marriage and during the process of separation. The only instance in which a wife is responsible for the support of her husband is when he is incapable of supporting himself or is likely to become a public charge.44 Upon divorce, the court determines what a fair amount of support for a wife should be. A lack of legal guidelines regarding the provision of alimony may put women at risk of receiving much less than their circumstances necessitate, if their case is even litigated in court at all. The legal depiction of a wife as a dependent of her husband may actively reinforce gender stereotypes that diminish female empowerment. Though a wife may not make monetary contributions to the home, her contributions in childrearing, homemaking, and even the maintenance of the family’s agricultural land enable her husband to work outside of the home. This suggests that marriage should instead be considered a relationship of co-dependency under the law. 42. DEL, Chapter 4 Subsection 4.1. 43. DEL. Section 5.3(b). 44. Id., Subsection 5.3. PROPERTY RIGHTS AND FAMILY RIGHTS 30 CONCLUSION Property ownership and decision-making rights are essential for advancing women’s empowerment in Liberia, but conflict between customary practices and statutory legislation render such rights vulnerable. For Liberia, whose economy and society are still strongly supported by female-led agriculture, a woman’s right to own land and other property is crucial. However, such property is subject to conflicts between patriarchal cultural norms and ambiguous statutory provisions, even if such provisions are intended to protect and promote women’s rights. Equal protection under the Constitution means that the rights of all persons, including women, to enjoy and exercise all the freedoms and rights established by the Constitution and laws of Liberia are protected. To reach this constitutionally prescribed equity, laws on land and property rights must focus on addressing power inequality, cultural, and structural constraints faced by women. Though the ERCM provides equal protection of female property rights under both statutory and customary law, vague provisions that do not account for the different forms of customary land ownership leave women from traditional communities particularly vulnerable. For example, ambiguity surrounding property rights in cases of communally owned land often results in husbands having significantly more influence and control over decisions made about the land, despite their wives’ financial contribution to it. Varying legal definitions and forms of marriage in Liberia also affect women’s property rights. Though individual property ownership within a marriage remains private and separated from the other spouse, property can be acquired through the dissolution of marriage. In such cases, women do not have equal legal rights to the property they helped their husbands accumulate unless their name is listed on the deed, which is not commonly the case. Furthermore, under both customary and statutory law, a woman has access to her husband’s properties upon divorce or after his death. However, in cases involving a non-traditional marriage (i.e., neither statutory nor customary), the rights of a wife to her former husband’s property are unclear. The protection of family rights is a powerful way to safeguard a woman’s family and ensure she is able to adequately provide for her children, yet Liberia’s provisions do not fully protect their intended beneficiaries. Current legislation does not sufficiently consider a critical component of effective family law: the welfare of children. Focusing on the needs of children involved in divorce litigation is important for not only protecting their basic rights in the present, but also strengthening their ability to make future contributions to their family. At present, Liberian law disproportionately protects a father’s right to custody and offers several ways for him to be exempt from paying child and/or spousal support. Even in properly litigated cases, the law currently lacks guidelines for determining the appropriate amount of child support to be awarded. As is the case with property law, it remains unclear the extent to which Liberian women understand the rights and protections afforded to them under family law. For the most part, it can be assumed 31 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS that women – particularly in rural areas – are aware of the customs and norms that apply to them, but not of the statutory laws that favor them. It is therefore not just implementation but also communication and awareness of existing laws that is critical for protecting these rights. Though attempts at women’s property and family rights reform have been made, they continue to be insufficiently effective given that awareness, clarity, and implementation surrounding such reforms are lacking. Improvements are needed in each area of Liberian property and family right law, including those regarding property ownership rights, property usage and decision-making rights, inheritance rights, and the rights to spousal support and child custody. For Liberia to truly achieve widespread female empowerment, improving the protections and inclusiveness of all its property and family law will be essential. POLICY RECOMMENDATIONS Amendments to laws on property and family rights in Liberia should carefully consider the varied constraints faced by women, particularly those governed by customary law. The following recommendations take into consideration factors that make the current letter of the law discriminatory against women, and propose clarifications and modifications to improve gender equity in issues related to property ownership, property usage and decision-making, property inheritance, and child and/or spousal support: Property Ownership Rights о Legislate the marriage-related provisions found within the Constitution to ensure the adequate protection of women’s property rights. This can be achieved by defining property acquired during marriage by either spouse as marital property, rather than as individual property acquired as the result of one’s own labor. о Legally clarify what the presumption of marriage entails and when it applies so that those in presumed marriages can benefit from legal property right protections already available to spouses in statutory or customary marriages.   In addition, address the required duration of the relationship, which property rights apply to the relationship, and whether there is a right of survivorship. о Amend the current constitutional provision that grants Liberian citizens the right to own real property to allow for non-citizens married to Liberians to acquire real property. о Reform current land registration processes so as to protect the future interests of women in their husbands’ property. Such amendments should seek to avoid the alienation of a woman’s rights to her husband’s property without her consent. PROPERTY RIGHTS AND FAMILY RIGHTS 32 о Extend the legal coverage of marital property rights to communal property. Provide that a woman who divorces her husband or whose husband divorces her has continued access to the community property in which she had made investments prior to the divorce. Property Usage and Decision-Making Rights о Amend current legislation so that a man and woman who are married own by the entireties any property acquired by either of them and therefore possess decision-making and usage rights, irrespective of whose name appears on the deed. о Through statutory law, articulate how tenancy by the entireties would arise and how many spouses may own property in common to ensure women are not excluded from the opportunity to jointly use and control marital property. о Amend the ERCM to remove the requirement of a husband’s approval for a woman to exercise control over property that is considered to be solely hers. Alternatively, provide the same requirement for property considered to be solely the husband’s. Property Inheritance Rights о Amend the Constitution to define one all-encompassing definition of marriage. This will ensure that inheritance rights of those within statutory, customary, and presumed marriages are constitutionally protected. о Amend the ERCM’s requirement that surviving widows married under customary law not remarry if they wish to remain in her deceased husband’s home or to administer his property. At present, this provision often indirectly forces widows to remarry their deceased husbands’ relative to maintain their inheritance rights already guaranteed by the Constitution. Other Rights of Women Under Family Law (i.e., Child and Spousal Support) о Restructure child custody litigation processes so that a child’s wellbeing is the primary consideration and so that women have equal custodial rights. Presently, fathers’ paramount custodial rights force women to prove their legal right to custody, even if the woman is better suited to care and provide for the child. о Amend legislation regarding child support so that a man must be liable for the support of the child in question until his fatherhood is disproven. о Modify the language used in the Decedents Estates Law so that women are not framed as dependents of men. This framing reinforces negative gender stereotypes and indirectly exacerbates gender inequality. CHAPTER 3 LABOR AND EMPLOYMENT LAW INTRODUCTION Liberia has made significant efforts to enact strong labor and employment legislations with the aim of protecting the well-being, interests, and equality of economic opportunity of women in the workforce. Over the last decade, Liberia has passed several detailed, gender-neutral legislation regarding labor and employment in an effort to provide for a safe, equitable work environment for all its citizens. The legislation closely follows the International Labor Organization’s (ILO) good global practices. However, though gender neutrality is undoubtedly preferable to overtly discriminatory legislation, laws that do not consider the challenges specifically faced by women may not adequately protect and support their integration into the workforce. This can be observed in Liberia, where legislation on labor and employment largely fails to acknowledge women’s differntial patterns of labor force participation, conflicting household and childcare obligations, and institutional barriers to accessing pensions and other benefits. To truly empower Liberian women, labor and employment laws must provide specific support to overcome – rather than avoid – these constraints. LEGAL FRAMEWORK Statutory law regarding labor and employment in Liberia covers the rights of both private and public sector workers, though some provisions only apply to specific occupations. Labor and employment 35 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS in Liberia are governed by the Constitution of Liberia, the Decent Work Act of 2015 (DWA), and the Civil Service Standing Orders of 2012 (CSSO). While some provisions within the DWA and CSSO only apply to those in certain occupations and sectors, the Constitution’s protections apply to all Liberians regardless of gender, age, or occupation. CONSTITUTION OF LIBERIA The Liberian Constitution is considered the supreme law of the land and clearly articulates each person’s rights related to decent work. The Constitution specifically provides for the right of all Liberian citizens to work, to a safe work environment, to an equal opportunity to work, and to receive equal pay for equal work. It also prohibits discrimination in opportunities for work and calls for just and humane conditions in the workplace.45 The equality of all – irrespective of gender – is another critical component of the Constitution, though specific protections from discrimination for women and men are not explicitly mentioned. Given that all persons are held to be equal to one another, every person is therefore entitled to equal protection under the law.46 However, though the Constitution prohibits discrimination on the basis of gender, it lacks both a specific subsection affirming that women and men are equal before the law and provisions for actionable methods to redress discrimination. The combination of these ambiguities may leave women facing discrimination within the workplace particularly vulnerable. DECENT WORK ACT OF 2015 (DWA) The Decent Work Act is the most recent reform of the Labor Law and Labor Practices Law, covering nearly all forms of formal and informal work performed in Liberia.47 The Act seeks to ensure the respect, protection, and fulfillment of fundamental workplace rights in Liberia. Moreover, the DWA gives effect to obligations incurred by Liberia as a member state of the ILO and other international commitments. Most of Liberia’s labor-related provisions are guided by the ILO’s concepts of decent work and minimum conditions of work. The DWA also prescribes reporting mechanisms and penalties for workplace-related violations, though enforcement mechanisms are lacking. Complaints of workplace violations are to be reported to the Ministry of Labor and may be appealed up to the Supreme Court of Liberia. Penalties for such violations include a cease-and-desist order, affirmative and remedial action according to the law’s 45. The Constitution of Liberia, Articles 8, 11(c), and 18. 46. Constitution, Op. Cit., note 1. 47. Exceptions include the work performed by civil servants, officers, members of the crew, seamen, mariners, greasers, firemen, stevedores, launch drivers, stewards, cooks, laundrymen, and any other persons working or training on vessels registered in accordance with the Maritime Law or their employers (Decent Work Act, Subsection 1.3). LABOR AND EMPLOYMENT LAW 36 stipulations, or the payment of a fine not exceeding $500.48, 49 However, the Ministry of Labor – the statutory authority charged with the implementation of the DWA – has not issued enforcement regulations for the Act. Despite directives within the DWA calling for a “Code of Good Practice” to guide employers in the administration of the Act, such a code has not yet been issued. While most DWA provisions aim to eliminate gender discrimination, the law’s gender-neutral approach may be inadvertently facilitating gender disparity in the Liberian labor market and workplace. The DWA acknowledges the caregiving demands faced by women through its definition of leave time, flexible work schedules, and other rights of pregnant and nursing women. However, it does not fully account for the gender-specific factors that make women more vulnerable to unjust dismissal, hinder their advancement opportunities, or expose them to sexual harassment and other forms of workplace abuse. Moreover, the DWA does not provide affirmative action policies to address structural barriers, gender stereotypes, and negative social norms, all of which prevent women’s equal access to – and participation in – labor markets.50 In addition, more could be done to promote gender parity within the advisory body established by the DWA. To increase stakeholder representation in workplace-related debates, the DWA established the National Tripartite Council. Consisting of government, employer, and worker representatives, the Council’s primary function is to advise the Minister of Labor on employment and labor market issues.51 Intentional steps to incorporate female representation on the Council have been taken, including the requirement that at least three of the nine members must be female. However, the requirement to include a minimum number of females on the Council may impede advancements towards equal representation once the minimum number of female representatives has been reached. CIVIL SERVICE STANDING ORDERS OF 2012 (CSSO) The CSSO defines a merit system and outlines the protection of Civil Servants’ rights as a whole, but there are several vulnerable areas within its provisions. The CSSO is applicable to nearly all officials and employees of the Liberian Government, irrespective of function or designation, who are compensated by a fixed salary.52 The merit system is applied throughout government service in an effort to ensure that government workers’ rights are properly protected, and that uniformly high standards 48. DWA, Op. Cit., Subsection 9.5 Decision by the Ministry, p. 26. 49. The currency is not explicitly stated in the law. However, the assumption is that it is referring to USD because 500 Liberian dollars would be less than three US dollars. 50. CEDAW, Commitment 26. 51. DWA, Subsection 4.2(a) 52. Specific exceptions to the CSSO’s provisions include: members of Legislature; other elected officials; Justices of the Supreme Court; Judges of Subordinate Courts; all appointed members of Boards and Commissions; Cabinet Ministers; Heads of autonomous agencies and bureaus; ambassadors; county and territorial superintendents; county, territorial and all other commissioners; sheriffs; all commission and non-commissioned officer and enlisted men of the regular armed forces; law enforcement and security officers; all contract-employees of government; and other categories specifically exempted by the Director-General of the Civil Service Agency. Civil Service Standing Orders (CSSO), Subsection 3.3.2. 37 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS of personnel administration are practiced in every government agency.53 However, the CSSO does not include provisions addressing workers’ rights or minimum conditions of employment. Moreover, the Orders do not pay any particular attention to women-specific rights beyond those regarding maternity leave. Since public sector workers are not subject to the DWA’s provisions, the gender-specific labor rights of women in public sector positions are largely unprotected by the law. While the varied protections found within the Constitution, DWA, and CSSO should ideally apply to all employees across all sectors, most of Liberia’s informal workers are insufficiently covered, with women being particularly at risk. A large share of Liberia’s labor force work in informal employment, whether as company employees or self-employed workers. For the former, “contracts” are often verbal and include few – if any – worker rights and protections. For the latter, there are no work contracts nor employers with obligations to protect workers. Women are over-represented in both categories. Even the most well-written labor laws in Liberia may therefore fail to protect the rights of the majority of the working population, particularly women. TOPIC ANALYSIS Liberia’s labor and employment laws have sought to achieve equality for all within the workplace, though this gender-neutral approach may be inadvertently disempowering women. To better understand the laws and their effects on women’s empowerment, the following section explores five key areas protected under Liberia’s labor laws: hiring, dismissal, and working hours; remuneration; parenthood protections; social benefits; and sexual harassment. Specific legal protections for the rights of women in each of these areas will be discussed. HIRING, DISMISSAL, AND WORKING HOURS The DWA does not differentiate between men and women in stipulations for hiring, contracting, dismissal, and work hours. Such gender neutrality may put women at a disadvantage when the law is put into practice. Hiring and Contracts The Decent Work Act (DWA) treats men and women the same in terms of hiring and contracting.54 An employment contract may be for a definite duration, an indefinite duration, or for the completion of a specified task. The contract may be in oral or written form and offer a position that is either full-time, part-time, or fixed term.55 The DWA also permits probationary periods within work contracts, though 53. Ibid, Section 1.1.2. 54. The CSSO does not provide any guidance on hiring or work contracts for civil servants. 55. Another type of worker – “casual” – are those that work on an hourly basis (other than as full-time, part-time or fixed-term employees). Such workers do not hold a work contract. LABOR AND EMPLOYMENT LAW 38 such periods may not last more than three months. Under the DWA, employment contracts are required to define the rights and obligations of the employer and employee and provide specific information about the workplace, employee56, and employer. Contracts should include information about the employee’s fundamental rights and minimum conditions of employment, as well as any special conditions of employment.57, 58 Employment contracts requiring an employee to live on the work premises (e.g., a plantation) must include contractual provisions for schools, housing, and access to healthcare for an employee and his or her family.59 Despite its equal hiring protections for men and women, the lack of guidance on the hiring process within the DWA leaves room for misconduct. Other than the constitutional mandate prohibiting discrimination in opportunities for work, employers can otherwise legally discriminate on the basis of sex when searching for, and selecting, employees. For example, employers may prefer working with a particular sex and may hire according to those preferences, even if potential employees of the opposite sex are more qualified. The DWA also allows for employer discretion – and therefore potential discrimination – in work contract details (remuneration, work hours, etc.), prerequisites for hiring, and other related processes. Dismissal Under the DWA, only certain categories of employees are legally eligible for benefits upon dismissal. Employees with contracts of an indefinite duration may be declared redundant60 and are eligible for separation benefits. Those with definite contracts cannot be declared redundant, though his or her contract may be prematurely terminated. Thus, while employees with definite contracts are entitled to receive full remuneration for the unexpired portion of their contract upon dismissal, they are not eligible for separation benefits. Both definite and indefinite contracts may be terminated at any time provided the employer has just cause61, which is determined by an investigation.62 Women’s work is particularly amenable to definite contracts, placing them at risk in several ways. First, women may be more likely to work in definite contract positions due to their fluctuating labor force participation. Women have greater work-home conflicts than men (such as childcare responsibilities) and may therefore be more susceptible to leaving their jobs or being dismissed. Moreover, due to 56. This includes the name and citizenship of the employee. 57. DWA, Subsection 13.1. 58. Job-specific information including the duration of the contract, rates and calculation method of remuneration, the frequency and manner of payment, and welfare measures to be taken for the employee and their accompanying family members must also be included within the contract. 59. DWA, Subsection 23.1. 60. In this sense, redundancy is a reduction in force for lower demand positions, or for positions that are no longer needed at all due to changing labor force demands. 61. Cause for dismissal may include the violation of the law or the company’s policies, conviction of a crime, and absenteeism, among others. 62. DWA, Section 14.3. 39 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS competing demands in the household, lack of agency, lower literacy rates, and a range of other factors, women may be unable to bring legal complaints against employers that violate the “just dismissal” laws. C. Work Hours The DWA specifies the same working hours for both men and women, with some provisions for pregnant women and lactating mothers. Moreover, the Act requires at least twelve consecutive hours between ending and recommencing work and weekly rest periods of thirty-six consecutive hours of rest per week (including Sunday), unless otherwise agreed upon in writing. If an employee works “in excess of ordinary hours”, he or she must be paid “at a rate not less than fifty percent above the normal rate for the work” unless another arrangement (e.g., compensation in the form of extra paid time off) is agreed upon in writing.63 Pregnant women are not entitled to modified work hours, but have the right to be temporarily reassigned to more suitable work without any change in benefits. Lactating women are entitled to two breaks of 30 minutes in each working day, or a total reduction of 60 minutes from their daily working hours. Neither option will result in a reduction of her pay. REMUNERATION Both the absolute and relative level of remuneration are legislated in the DWA. Some stipulations put women at a distinct disadvantage while others are too vaguely defined to contribute to closing gender wage gaps. Wages Men and women must be paid equally for equal work under the DWA, with the law providing two sets of minimum wages to be applied across all sectors. The DWA requires work contracts to specify the wage rate and frequency of payment. For employees without a written contract, the law requires employers to display all wage rates applicable to their employees in a readily accessible location in any workplace under their control.64 The DWA also stipulates a minimum wage of US $0.68 per hour (US $5.50 per day)65 to be applied across all industries, including those within the informal sector.66 Exceptions to this provision include domestic and/or casual workers: for such employees, the legal minimum wage is equivalent to US $0.43 per hour (US $3.50 per day).67 Notably, women are heavily employed in domestic work, in which hourly wages are below the standard minimum. There are several forms of penalties in place for minimum wage law violations, though such penalties 63. DWA, Section 17.5. 64. DWA, Op. Cit., Subsection 13.1, Basic Provisions concerning contract of employment, pp.31-32. 65. DWA, Op. Cit., Subsection 16.1. 66. The process and required value of wage increases is not legally defined and is therefore up to the discretion of individual employers. 67. Id., Subsection 16.1A(i)(ii). LABOR AND EMPLOYMENT LAW 40 generally do not adequately protect those in the female-heavy informal sector. A business in violation of the law may be subject to a fine of up to US $500, a cease-and-desist order from continuing such a violation, or a remedial action taken by the Ministry of Labor. However, one Ministry of Labor official reported that informal sector employees tend to not cooperate with labor inspectors out of fear of losing their jobs.68 This is particularly problematic for women, who are overrepresented in the informal sector and likely have less agency and thus not speaking up for their rights. If an employee decides to proceed with a dispute, a complaint is filed with the Ministry of Labor and is followed by an investigation. However, such investigations may experience delays, during which the complainant might face retaliation by the employer. This may disincentivize the reporting of employers by the affected employees. Ultimately, though the DWA provides legal protection of minimum wages for both formal and informal sector jobs, its ability to be enforced is limited to the former. Even within the formal sector, minimum wage laws are not fully enforced. The more protected workers tend to be in large business establishments and multinational institutions in which employees are under contracts.69 These large enterprises are required to file quarterly labor statistics reports, which are submitted to the Ministry of Labor.70 It is from these quarterly labor statistics reports that violations are identified and employers are held accountable. However, most Liberians do not work in such enterprises or under contracts at all, with over half of Liberian wage workers lacking contracts in 201671. Legal provisions regarding the frequency of payment are the same for men and women, though certain rules regarding payment reduction and termination may disproportionately affect women. Employers are required to pay employees at an interval of no larger than one month. Payments may be made weekly, bi-weekly, or monthly. Workers earning an hourly wage are paid on a bi-monthly or monthly basis. Unexcused absences are deducted from wages, with repeat offenses potentially leading to an employee’s termination.72 This ability to deduct pay for unexcused absences may place women at a unique disadvantage, as those with childcare or other conflicting responsibilities within the home may be forced to miss work on short notice. Wages for government workers under the CSSO are determined based on the grades of employment, though the factors weighed in determining promotions and wage increases indirectly disadvantage women. Promotion to a higher grade, and thus a higher salary, is based on the determination that work performed by an employee meets adequate standards (as determined by the supervisor) and that 68. Attorney Bahju Collins, former Assistant Minister of Labor, Ministry of Labor, R.L. 69. Del Bono, Mitja, Sara Johansson de Silva, and Victoria Strokova, 2021: “Transforming jobs in Liberia: Findings from Liberia Jobs and Skills Study”. 70. These reports may be made available upon a freedom of information request and are used in Liberia’s labor survey. 71. Liberian women are particularly underrepresented in large firms, with just 5.6 percent of permanent, full-time workers in large firms being women in 2017. (World Bank. 2017. “Enterprise Surveys: Liberia 2017 Country Profile.” Washington, DC: World Bank Group.) 72. DWA, Subsection 13.4(b) 41 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS there have been no disciplinary proceedings against her or him. If an employee is aggrieved by their supervisor’s decision to withhold a promotion and/or salary increase, Chapter 6 of the CSSO provides a process for redressing such grievances. Nonetheless, women’s relatively more frequent career interruptions will often cause them to rise up the civil service ladder more slowly. Thus, their wages may be relatively lower than in schemes in which pay raises are awarded to high performers regardless of grade. Their lack of agency means that women are less likely to invoke Chapter 5 of the CSSO, as well. Equal Pay for Equal Work Provisions within the DWA protect the right of men and women to equal wages for equal work, though the criteria for determining whether work is “equal” is vague. Building upon Articles 8 and 11 of the Constitution, the law states that “women and men are entitled, without distinction, exclusion or preference, to receive equal remuneration for work of equal or comparable value” and that “remuneration rates should be established without discrimination based on sex.”73 However, “work of equal or comparable value” is not defined in the legislation and is therefore subject to individual interpretation. This lack of definition may adversely affect women if employers assume women to be less capable workers, funnel them into less productive jobs, and pay them less as a result. Thus, while the law may stipulate equal pay for equal work, the opportunity for equal work itself may not be adequately protected. The CSSO guarantees a merit-based earnings schedule that, by its very nature, can work against female Civil Servants. The merit-based system rewards those with continuous service and who receive high ratings from supervisors. Women are less consistently in the workforce than men, thus often having fewer years of continuous service. Further, performance is subject to the interpretation of the (often male) supervisor, who may perceive female employees as less consistent and reliable due to their conflicting home obligations. Both the inconsistent participation of women in the labor force and potential bias amongst supervisors may therefore result in lower earnings, less frequent promotions and, therefore, fewer opportunities for women to perform “equal” work. PARENTHOOD PROTECTIONS The labor legislation acknowledges the conflict between childbearing/child-rearing and the workplace, introducing stipulations to support the working mother. In the process, it ignores the role of working fathers, thereby reinforcing gender norms in the division of household labor. Pregnancy and Maternity Leave Women are legally entitled to maternity leave before and after a child’s birth under the DWA, with the original conditions of their employment legally protected upon their return. The DWA provides 73. DWA, Op. Cit. note 2. at Subsections 2.5 (a)(b) LABOR AND EMPLOYMENT LAW 42 that a woman is entitled to a minimum of fourteen weeks of 100 percent paid maternity leave by her employer. This is subject to a six-week paid extension after confinement (hospitalization). A medical practitioner may certify that, due to complications arising from the pregnancy or delivery, it would be in the best interest of the employed woman and/or her child’s health to extend the maternity leave. In such cases, the employer must grant a maximum period of one month’s unpaid extended maternity leave.74 This extension of leave is in addition to, rather than a replacement of, the other forms of leave to which she may be entitled.75 Following the end of maternity leave, a woman is entitled to resume employment under the same contractual terms and conditions as her original position. A woman’s remuneration may not be reduced in any way upon her return from maternity leave. The CSSO also provides for maternity leave, stipulating that an expectant mother may be granted a minimum of 60 continuous calendar days of paid leave.76 Maternity leave may be extended from one calendar year to the next. Up to 90 continuous calendar days of paid leave may be granted, subject to the concurrence of a recognized medical practitioner. As with the DWA’s provisions, extensions to maternity leave are in addition to any other leave to which a woman may be entitled. Women may face indirect barriers to receiving their full allotment of maternity leave and remuneration. To ensure that a birth occurred as reported, employers may request a proof of delivery date. The issuance of a delivery date certificate is not a regular practice in Liberia, forcing women to actively seek out the document. Women may also be charged a fee for such a certificate, creating an additional financial barrier. Moreover, given that more than 60 percent of deliveries in the country occur under traditional birth attendants who may lack the ability to read and write, it may not even be possible to access a delivery date certificate. Despite these barriers, acceptance of non-certificate proof of delivery is up to the individual employer. If such proof is not accepted, a woman may not be granted the rest of her maternity leave and remuneration or, at worst, may even lose her employment. Though paid maternity leave requirements may strengthen women’s opportunity to have both a family and a job, the ability to discriminate in the hiring process, combined with the cost of maternity leave benefits, may disincentivize employers from hiring women of childbearing age. Since employers incur direct (through wages to the worker on maternity leave) and indirect (finding and training a temporary employee to fill the absent mother’s job) costs while an employee is on maternity leave, employers may prefer to hire men over women of childbearing age. At present, there are no provisions preventing employers from such discrimination. Breastfeeding and Child Care Breastfeeding mothers are entitled to paid nursing breaks at work under the DWA, but the law does 74. A period of extended maternity leave runs immediately before or immediately following a regular period of maternity leave. It is in addition to the regular period of fourteen weeks’ maternity leave to which every mother is entitled. 75. DWA, Subsection 20.5. 76. Under the CSSO, maternity leave commences before, and expires after, a mother’s hospitalization for delivery. 43 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS not require employers to provide breastfeeding areas or childcare facilities in the workplace. The DWA states that a breastfeeding mother is entitled to two thirty-minute nursing breaks, or an hour’s reduction of work at the end of the workday.77 Such breaks are permitted until the child reaches six months of age.78 Moreover, despite the reduction in working hours, a woman’s remuneration remains the same. However, since the DWA does not require employers to provide breastfeeding areas or childcare facilities within the workplace, most choose not to do so, creating additional challenges for new mothers returning to work. As a result, babies are often prematurely weaned off breast milk upon their mothers’ return to work. A lack of childcare facilities in the workplace also burdens women, who are usually the primary caretakers of children. Workplaces are not legally required to provide childcare services. Moreover, there is no mandate for employers to provide special accommodation for families at the workplace, and no childcare allowances are provided by the government. The lack of childcare options often results in women employed in the informal economy (such as domestic workers, farmers, market women, or retailers) who can take their young children to work with them. The CSSO does not include provisions for nursing breaks, working conditions for pregnant women, protections for women returning to work after pregnancy, or breastfeeding privileges, leaving mothers working in the public sector vulnerable. Given that Civil Servants are not covered by the DWA, this lack of provision within the CSSO for expectant and new mothers indicates that female Civil Servants’ rights in these areas are unprotected. Paternity Leave Paternity leave is only permitted under the DWA – not the CSSO – and the DWA’s provisions and benefits are minimal as compared to those for maternity leave. Under the DWA, the father of a child is entitled to five days of unpaid leave upon the birth of his child. Paternity leave must be taken within the first month after the birth of the child (rather than before the birth), unless there are exceptional circumstances. As is the case with other forms of benefits, paternity leave for fathers in polygamous relationships is reserved for the children of one recognized wife. A man must identify to his employer which wife will be relevant for the purposes of such entitlements and may not be granted paternity leave for children born to women other than the designated wife.79 While Liberia should be recognized for protecting paternity leave, its current form may reinforce gender stereotypes. The DWA limits paternity leave to one week of unpaid leave after a child is born, compared to the fourteen weeks of paid maternity leave provided for women. This stipulation effectively leaves the responsibility of infant care to women, as most families cannot afford even a short-term loss 77. DWA, Subsection 20.4. 78. DWA, Subsection 20.6. 79. DWA, Subsection 20.3(b). LABOR AND EMPLOYMENT LAW 44 of the father’s income. Moreover, the CSSO does not include any provision for paternity leave. As a result, fathers in the civil service who may wish to take paternity leave are unable to do so. Beyond the issues caused by the differences between maternity and paternity leave provisions, affording equal paternity benefits to men with multiple wives is also difficult. The requirement that just one wife and her children may be recognized for the purpose of paternity leave and other benefits therefore forces a man to either remain at work while his non-designated wife gives birth or risk losing his job. Additionally, household tensions may arise when one woman and her child are considered to be preferred over the other women and their children. SOCIAL BENEFITS To support the general welfare of the worker, the ILO commonly recommends regular paid leave time for rest, sickness, and family time, occupational safety, and sexual harassment stipulations. Common practice also includes in-kind payments in the form of old-age pensions and health insurance. Liberian law also addresses these issues. Leave The DWA’s provisions for various forms of leave apply to both women and men equally, though accrual being based on continuous employment may disadvantage women. The DWA provides for three consecutive days of paid sick leave. Longer durations of sick leave require a doctor’s note or are considered to be unpaid sick leave, resulting in decreased household income. The annual number of sick days accumulates with years of employment, and employers are required to provide up to ten days’ paid sick leave per year of an employee’s continuous employment.80 An employee may take personal leave in cases of the illness or death of their immediate family member.81 Five days of paid leave may also be granted to an employee to care for a family member that is sick, injured, or affected by an unexpected emergency.82 The amount of annual leave (or vacation time) provided to an employee under the DWA is also based on the amount of the employee’s continuous service.83 The precondition of continuous service for accruing greater amounts of leave potentially disadvantages women, who enter and exit the labor market more frequently due to competing household responsibilities. 80. DWA, Subsection 19.2. 81. Immediate family members include the following: children (both natural and adopted), wife or husband, partner with whom an employee is cohabitating, common law married couple, parents (including adoptive parents), grandparents, and siblings (including adopted siblings). DWA, Subsection 19.1. 82. Id., Subsection 19.4(a). 83. According to Section 18.1 of the DWA, every employee is entitled to a “minimum uninterrupted period of annual leave” based on the following guidelines: “…during the first twelve (12) months of continuous service with an employer, the number of working days in one (1) week; during the first twenty-four (24) months of continuous service with an employer, the number of working days in two (2) weeks; for continuous service of thirty-six (36) months, the number of working days in three (3) weeks; and for continuous service with the same employer for sixty (60) months and thereafter, the number of working days in four (4) weeks.” 45 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS Provisions for leave under the CSSO are more expansive, covering both standard forms of leave and additional forms beyond those covered by the DWA. The CSSO states that full-time Civil Servants may be granted a paid sick leave of up to fifteen days per calendar year.84 Annual leave is determined by the number of years that an employee has worked for an employer. One half-day of annual leave is accrued per full calendar month of employment.85 Upon termination of employment, an employee may be compensated for any unused days of annual leave. Personal leave, however, faces more stringent restrictions. An employee intending to take personal leave is required to give sufficient notice to an employer, and leave provided to attend to a family member cannot accumulate like other forms of leave.86 Similar to the DWA, women tend to accumulate less work time due to frequent entry and exit from the labor force. Further, women are more likely to take personal leave to care for a family member, though this kind of leave is less generous (it cannot be accumulated) than other kinds of leave. The Social Security Program and Pensions Liberia’s Social Security Program, implemented by the National Social Security and Welfare Corporation (NASSCORP), may cover nearly all private and public formal sector workers, with several occupational exceptions.87 NASSCORP is the implementing agency for welfare schemes in the public sector. Under the DWA, private employers with one or more employees may either pay into NASSCORP’s welfare schemes or provide their own. Occupations exempt from NASSCORP include certain civil service positions,88 members of an employer's family dwelling in his/her house, wives working for their husbands, domestic servants, and persons employed onboard vessels (e.g., ships, boats, or canoes).89 Notably, women are over-represented among family workers,90 and thus are less eligible for welfare schemes than are men. The Social Security Program is comprised of three schemes (including one in development), each of which provides important benefits related to occupational injury, disease, and death, as well as retirement. The Employment Injury Scheme (EIS) is designed to provide material benefits to employees 84. CSSO, Subsection 7.2.2, Sick Leave, p. 32. A civil servant employee who requires extensive medical treatment may, under certain circumstances, be granted up to 60 days sick leave with pay, provided that the employee produces a certificate from a recognized medical practitioner, which certifies that an extended period of absence from work is necessary. 85. According to Section 71 of the CSSO HR Policy Manual: Employees accrue one-half day of administrative leave after each full calendar month of employment to a maximum of three days during the remainder of the calendar year, and three days administrative leave in each calendar year thereafter, but no more than 25 days in a year. 86. Id., Subsections (c) (e) &(d). 87. NASSCORP is an autonomous public institution. 88. Exempt civil servants include the President and Vice President of Liberia, the Chief Justice and Associate Justices of the Supreme Court of Liberia, the President Pro-Tempore of the Liberian Senate, the Speaker of the House of Representatives, members of the Legislature, members of the Liberian Cabinet, and members of the Armed Forces (including the police and paramilitary organizations). 89. AN ACT TO REPEAL DECREE NO.14 OF THE PEOPLE’S REDEMPTION COUNCIL OF THE ARMED FORCES OF LIBERIA AND TO CREATE A NEW CHAPTER 89 OF THE EXECUTIVE LAW ESTABLISHING THE NATIONAL SOCIAL SECURITY AND WELFARE CORPORATION OF THE REPUBLIC OF LIBERIA, Subsection 89.15, Persons to whom this Act Shall not Apply, p. 6 (2010). 90. World Bank. 2021. “An Assessment of Gender Gaps in Liberia through a Women’s Empowerment Lens.” Washington, D.C.: World Bank Group. LABOR AND EMPLOYMENT LAW 46 who sustain injuries or become disabled as a result of job-related accidents or occupational diseases.91 The National Pension Scheme (NPS) is designed to provide cash benefits to individuals that have stopped working for registered entities as a result of illness, disability, or old age. It also provides benefits to survivors of deceased eligible beneficiaries.92 The Welfare Scheme (WS), which is still under development, includes provisions for pensions.93 Employment Injury Scheme. There are six types of benefits covered under the Employment Injury Scheme: 1. The Medical Benefit (MB) covers medical treatment given to an insured employee that sustained injury on the job or suffered occupational diseases. 2. The Temporary Disability Benefit (TDB) is a cash benefit awarded to an insured person that suffers from a job-related accident or occupational disease and is affected for 14 days or more.94 3. The Permanent Disability Benefit (PDB) is a cash benefit awarded to an employee who suffers from a job-related injury or occupational disease that results in the loss of earning capacity.95 4. The Constant Attendance Allowance (CAA) is a cash benefit paid to a person recommended to NASSCORP by a permanently and completely disabled beneficiary to serve as the beneficiary’s personal attendant. The cash benefit paid to the personal attendant is 25 percent of the beneficiary's entitlement. This 25 percent is in addition to the beneficiary's entitlement and is not deducted from his/her Permanent Disability Benefit. 5. The Death Benefit (DB) is a cash benefit awarded to the widow/widower and children of an insured person that dies as a result of a job-related injury or occupational disease. The widow/ widower will receive 20 percent of the deceased insured person's average monthly earnings. If there is more than one widow, the benefit will be divided equally among the widows for life (unless they remarry). Each child will receive 10 percent (up to 30 percent total, to be divided 91. AN ACT TO REPEAL DECREE NO.14 OF THE PEOPLE’S REDEMPTION COUNCIL OF THE ARMED FORCES OF LIBERIA AND TO CREATE A NEW CHAPTER 89 OF THE EXECUTIVE LAW ESTABLISHING THE NATIONAL SOCIAL SECURITY AND WELFARE CORPORATION OF THE REPUBLIC OF LIBERIA, Subsection 89.15, Persons to whom this Act Shall not Apply, p. 6 (2010). 92. Id. 93. The Welfare Scheme (WS), which is not yet in effect, would require an employer to pay a pension to retired employees. Moreover, the WS would require retirement pensions to be at least forty percent of the average monthly earnings of the employee’s last five years of employment. This amount would be paid by the employer to the employee in equal monthly installments until the death of the retired employee. Importantly, the DWA’s social welfare provisions do not cover employers that fall under, and are compliant with, the obligations of NASSCORP’s pension schemes. 94. The cash benefit amounts to 65 percent of the injured employee’s average earnings in the twelve months preceding the injury. 95. If the loss of earning capacity is assessed to be complete (i.e., a 100 percent loss), the cash benefit would be 65 percent of the affected employee's last twelve months average earnings. If the loss of earning capacity is assessed to be less than 100 percent, the cash benefit would be 65 percent of that lesser percentage. The loss of earning capacity as a result of job-related injuries or occupational diseases is determined by NASSCORP’s Medical Board of examiners during a medical board sitting/hearing. 47 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS equally in cases involving more than three children) of the deceased insured person's average monthly earnings, up until the age of 21. If there is no surviving spouse, the children will receive 100 percent of the benefits. In the absence of both a widow/widower and children, what would have been paid to the surviving spouse is instead paid to the parents or grandparents of the deceased. 6. The Funeral Grant (FG) is a one-time cash benefit given to the person that incurs funeral expenses on behalf of the deceased beneficiary. National Pension Scheme. Three types of pension benefits exist under the National Pension Scheme: 1. The Invalidity Pension (IP) is a cash benefit96 awarded to a person younger than 65 that proves the likelihood of their permanent incapability to work.97 Claimants of IP must have paid 50 monthly contributions during the previous 60 consecutive months immediately preceding the month in which the claim for IP is filed.98 2. The Retirement Pension (RP) is a cash benefit paid to someone who is 60 years of age or older, is retired from work, and has paid at least 100 monthly contributions.99 The minimum pension amount is 25 percent of the retired person's five highest annual salaries from the ten years preceding their retirement. For every ten monthly contributions paid in addition to the 100 minimum required contributions, the 25 percent rate of pension is increased by 1 percent, potentially incentivizing employees to work past the minimum retirement age. 3. The Survivor's Pension (SP) is a cash benefit paid to the widow or widower and the children of an insured deceased person. In order to qualify for SP, the deceased must have paid at least 50 monthly contributions while employed.100 The monthly amount of benefit paid to the widow or widower is 50 percent of the deceased’s pension. If there is more than one widow, the 50 percent is divided equally among them. Widows or widowers receive the SP for life or until remarriage. The monthly allowance for children is 10 percent of the deceased’s pension per child, covering up to five surviving children. In cases involving more than five children, the allowance is reduced so that the total of the children’s allowance does not exceed 50 percent of the deceased insured person's pension. In the absence of a widow or widower, each child’s benefit is increased to 20 percent, still covering a maximum of five children. If there are more than five children, the benefit must be reduced so that the benefits awarded to all children do not exceed 100 percent of the 96. The cash benefit is 25 percent of the employee’s average earnings for life. 97. Claims of invalidity must be proven to the satisfaction of a medical board (constituted by NASSCORP). Successful claimants must demonstrate that, by reason of some bodily or mental disablement or illness, they are likely to be permanently unable to work. 98. Alternatively, a claimant must have made contributions in at least two-thirds of the number of months between their first month of insurable employment and the date the IP claim was filed. 99. The Peoples’ Redemption Council (PRC) Decree No. 14. 100. NASCORP Act, Op. Cit., Subsection 89.24, p.11. LABOR AND EMPLOYMENT LAW 48 deceased’s pension. Children receive benefits until the age of twenty-one.101 Both schemes recognize that income earnings support spouses and children. Since men are more likely to be formally employed than women, female spouses benefit from the scheme when their husbands are injured on the job or retire. The Death Benefit and Survivor’s Pension are paid out to widows or widowers and children. The Constant Attendants Allowance provides resources to care for an injured worker, which otherwise would usually be the responsibility of women in the household, as per social norms. The funeral grant similarly alleviates financial hardship for (often) women whose formal sector spouses may pass away. While the NPS does not differentiate between women and men, women have more difficulty meeting the eligibility requirements due to their unique relationship with the labor market. Due to their household, childbearing, and caregiving responsibilities, women tend to enter and exit jobs more frequently than men. Since less continuous time is spent with an employer, women therefore take longer to accumulate the minimum number of work years needed to meet the pension scheme’s vesting requirements. Furthermore, the pension scheme does not extend to the informal sector, in which the majority of women are employed. Thus, fewer working women may be eligible for pensions than working men. Finally, despite the Constitution’s recognition of polygamous relationships, current legislation does not adequately define familial access to social benefits in either polygamous marriages or marriage- like relationships. Given this legal ambiguity, women in marriage-like or polygamous relationships are at particular risk of being excluded from such benefits. While a living man could present his girlfriend as his wife without having to offer proof – a practice that is not uncommon – there is no guidance for those in non-traditional marriages on how to access benefits upon the death of a partner.102 Moreover, since marriage-like relationships are not characterized by formalities such as the issuance of a license, and since the deceased partner cannot attest to the relationship, the non-traditional spouse has no clear legal recourse. Health Insurance Labor laws in Liberia do not mandate the provision of health insurance, leaving both public and private employees at risk. Employers may provide health insurance, though they are not legally required to do so. This is true for both private and public employers. Employees, particularly those working within the government, must decide whether they wish to opt for a group plan in exchange for a salary deduction. However, most salaries in Liberia are very low, and regular salary reductions for health insurance create additional hardships for employees. As a result, many employees may decide to opt out of health coverage. 101. A child may receive an allowance for life if they are proven to be disabled and incapable of working. 102. Civil Procedure Law, Subsection 25.3(3). 49 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS Leaving the provision of health insurance to the discretion of the employer allows many women, men, and their dependents to go without adequate health coverage. Women and children without health coverage may be particularly vulnerable, as both mothers and children require regular visits with their physician. Without health insurance, out-of-pocket payments may be too high, resulting in missed visits and the diminished health of both mothers and children. Family Benefits The DWA includes provisions for family benefits that cover the immediate family, though traditional families’ rights to receive such benefits are limited to one wife and her children. The law defines “immediate family” as consisting of children (including adopted children), spouses, a partner with whom the employee lives in a marriage-like relationship, parents (including adopted parents), grandparents, and siblings (including adopted siblings).103 At the time of hire, an employee most often only has to list their marital status and provide the names of his or her beneficiaries. There is no law or regulation requiring employees to provide proof of kinship, and it is therefore not often requested by employers. Family benefits include: a. Entitlement to Leave for Others.104 Every employee is entitled to five days’ paid “leave for others” during each year of service with their employer. Such leave is to be used to provide care or support to a member of the employee’s immediate family experiencing a personal illness, injury, or unexpected emergency.105 This is in addition to any other leave entitlement provided by the DWA. b. Bereavement Leave.106 Every employee is entitled to a paid leave of up to five days in the event of an immediate family member’s death. Bereavement leave is also in addition to any other leave entitlement provided by the DWA. Due to the difficult nature of proving customary marriages, polygamous marriages, or marriage- like relationships, an employer generally accepts employment forms that list beneficiaries without question. This can result in contestations when employee benefits are being paid out to beneficiaries. In cases involving such contestations, the Probate Court determines who should be considered the legal beneficiaries of a deceased employee. If there are no contestations, persons listed with proper national identifications are considered to be the legal surviving beneficiaries. 103. DWA., Subsection 19.21, Definition of Immediate Family. 104. Id., Subsection 19.4, Entitlement to Care for Others, p.55. 105. There are no provisions for extended family illness beyond five days. This is a potential hardship for women, who tend to be the primary caregivers in the household. 106. Id., Subsection 19.5, Bereavement Leave, p.56. LABOR AND EMPLOYMENT LAW 50 Sexual Harassment Sexual harassment is prohibited under the DWA, but provisions for enforcement are lacking. The DWA’s definition of sexual harassment includes sexual conduct which is “…unwelcome, unreasonable, or offensive to the recipient, and which occurs in circumstances where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job.” Sexual conduct that creates “an intimidating, hostile or humiliating working environment for the person that is subject to that conduct” is also prohibited.107 However, the DWA does not specifically address or penalize any forms of unwelcome advances (whether verbal, visual, or physical) and prescribes the same penalties for sexual harassment as those for other labor-related infractions. Moreover, workplaces are not required to have policies addressing sexual harassment. A lack of standards guiding appropriate behavior in the workplace exposes workers – particularly women, who are more susceptible to the effects of uneven power dynamics in the workplace – to abuse. Compared to the DWA, the definition of sexual harassment under the CSSO encompasses a broader range of offenses. The definition of sexual harassment within the CSSO includes unwelcome sexual advances, requests for sexual favors, and other conduct of sexual nature (which could be verbal, visual, or physical) that creates a hostile, intimidating, or offensive work environment.108 In addition to defining sexual harassment in the workplace or at work-related events, violations and penalties are also prescribed. The Orders also compel the Government of Liberia to maintain a work environment that discourages sexual harassment and require public servants to adhere to its zero-tolerance policy regarding sexual harassment. Depending on the gravity of the complaint, sexual harassment may be grounds for dismissal under the CSSO. Though provisions in the CSSO take a stronger stance against crimes of sexual harassment, its reporting mechanisms are weak. The CSSO provides some guidance on reporting sexual harassment, as well as on how investigations should be conducted. Complaints are investigated by a four-member, gender- balanced investigative committee.109 However, there are no specific provisions regarding the process by which a complaint should be filed, whether a complaint would be kept confidential, the available remedies for survivors, or the ways in which the employer (the government) can be held accountable. CONCLUSION In general, Liberian labor laws maintain a strong level of gender neutrality, which results in gender bias when the laws are implemented. Given the differing labor force participation patterns and household responsibilities of men and women, laws with equal provisions may have different implications for each gender. Laws attempting to protect women may inadvertently be limiting their employment earnings 107. Id., Subsection 2.8(a)(b). 108. CSSO, Subsection 9.12. 109. Id., Chapter 9. 51 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS and workplace-related benefits. Moreover, legal institutions in place to enforce labor laws are weak, with Liberia’s large informal sector (in which women are over-represented) often out of the laws’ reach. Furthermore, norms and customs surrounding gender relations in the workplace and the home are often not considered within current legislation. The DWA has advanced the goals of gender equality and protection of all, even highlighting the importance of a comfortable – rather than merely livable – work environment, though conflict with prevailing social norms often prevents women from benefitting from the Act’s provisions. For example, the ability to discriminate against women in the hiring process due to their perceived inability to work long, consistent hours or handle the pressures of a position is a clear illustration of the potential for unequal hiring and contracting practices in Liberia. Despite the strong progress achieved by the DWA and CSSO in protecting labor rights in the formal sector, most women are informally employed and therefore not covered by many of the laws’ provisions in practice. In addition, there are no legal provisions specifically protecting the rights of domestic and casual laborers in the workplace, other than the law stipulating their minimum wage (which is lower than for all other sectors). Women in the informal sector – especially domestic or casual laborers – are therefore less likely to have any form of leave, breastfeeding provisions, health insurance, or other benefits. Legal protections against sexual harassment in the workplace remain limited under both the DWA and the CSSO. The DWA’s provisions protecting women from sexual harassment are vaguely defined, with no enforcement mechanisms or sufficiently stringent penalties prescribed. For the CSSO, the lack of a stand-alone sexual harassment policy that provides remedies, full accountability for violations, and procedures for filing complaints leaves women vulnerable. A variety of pension benefits are legally available to both employees and their family members in the event of injury, illness, or death, though familial access is conditional. Family members’ access to such benefits remains largely dependent on the employer, the type of employment, and the makeup of the household. In cases of polygamous relationships, unclear guidelines on benefits and how they apply to each wife and their children may leave unrecognized women and children insufficiently protected. Though the Constitution guarantees the equal protection of all under the law, current legislation falls short in its provisions for those in polygamous relationships. Ultimately, though Liberia’s labor laws have been exemplary in their pursuit of gender neutrality, while also falling short in acknowledging the various barriers to safe, equitable, and prosperous labor force participation that women face. Future legislative amendments should therefore consider, and aim to neutralize, the factors that inhibit women’s equal access to jobs, fair wages, promotions, and a safe working environment. By addressing such challenges, Liberia’s gender-neutral labor laws may make further progress towards gender parity in the workplace and labor force. LABOR AND EMPLOYMENT LAW 52 POLICY RECOMMENDATIONS Policy recommendations can be organized according to the laws to be amended: Family Law о Harmonize Liberia’s dual (customary and statutory) legal system to clearly define the equal rights of those in all forms of marriage (statutory, customary, and presumed). Every form of family should be protected by the law, yet current legislation does not adequately address the challenges to receiving benefits in polygamous marriages and marriage-like relationships. Proposed Amendments to the Decent Work Act (DWA) о Enhance legal protection for pregnant, nursing, and new mothers. In particular, the law could more thoroughly address the need for infrastructural support for new mothers (such as separate breastfeeding and childcare facilities). о Include a clear definition of what constitutes sexual harassment, clarify who is responsible for reporting cases of harassment, and provide enforcement mechanisms and penalties more stringent than those for other labor law violations so that workers may be sufficiently protected in the workplace. Ensuring both employers and employees understand each of these areas will also be crucial for implementation. о Provide for longer and paid paternity leave or offer a more gender-neutral “parental leave” option that can be shared between parents. This would allow families to decide on childcare arrangements rather than the state deciding that the burden of care falls solely on the mother. Proposed Amendments to the Civil Service Standing Orders (CSSO) о The CSSO and its provisions for Civil Servants should be in addition to, rather than a replacement of, the DWA. There are clear gaps in the CSSO’s protections of public sector employees that provisions within the DWA could cover, such as those regarding breastfeeding, nursing breaks, and paternity leave, among others. о Amend the CSSO to include a stand-alone sexual harassment policy which clearly provides for remedies, full accountability for violations, procedures for filing complaints, and other mechanisms necessary for enforcement. Strengthening Women’s Empowerment о Stipulate gender parity, rather than solely a minimum number of female representatives, on the Tripartite Council. The Council should also strive to represent women with different needs in the labor force, such as young mothers, more established workers, informal sector workers, and domestic workers, as well as representatives who are aware of women’s workplace challenges including sexual harassment, work-home balance, and women’s lower levels of agency. CHAPTER 4 REPRODUCTIVE HEALTH & SEXUAL/GENDER BASED VIOLENCE INTRODUCTION Sexual and gender-based violence (SGBV) is rooted in Liberia’s past and present, the practice perpetuated across time. The country’s recent history has been marked by a prolonged period of civil unrest, from a 1980 coup d’état to a civil war spanning twenty years. Throughout this time, sexual violence was used as a weapon of war against women. Though the most recent civil war ended in 2003, gender-based violence persists with alarming frequency throughout the country.110 As observe by UN Women (2021), “violence is …the principal means of coercion adopted by men to impose their power and authority over spouses, which contributes to the perpetuation of women’s subordination over time.” This suggests that for many Liberian women, acts of violence similar to those experienced during wartime are still occurring within their communities111. 110. UN Women (2014). Liberian women prosper with newfound skills. https://www.unwomen.org/en/news/stories/2014/1/ liberia-economic-empowerment-for-peace , as cited in UN Women (2021). 111. Page 41. 55 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS The elimination of violence against women and girls is a priority in Liberia’s development agenda.112 The Government of Liberia has taken steps to combat violence against women and girls through reforms of its penal code that provide stronger penalties for SGBV crimes. It also recently enacted the Domestic Violence Act, which expanded the definition of domestic relationships. In addition, the Ministry of Justice created a specialized circuit court known as Criminal Court “E” to solely prosecute sexual offenses and established a special unit to prosecute SGBV crimes and accelerate trials. A special unit within the Ministry of Gender and Social Protection has also been created to inform the government’s SGBV policy interventions and initiatives. Efforts are also underway to support survivors of gender-based violence. The National Inter-Agency Task Force on Gender-Based Violence, chaired by the Ministry of Gender and Development and co- chaired by the Ministry of Health and Social Welfare and the Ministry of Justice, operates in partnership with civil society organizations in an effort to address the physical and psychosocial needs of survivors of SGBV. Six privately-owned safe homes throughout the country aim to provide for such needs. However, these safe homes are under-resourced and characterized by inefficiencies such as understaffing, inadequate protection of residents, and dilapidated infrastructure. In addition to legislative reform, there has been a growing public conversation – both domestically and internationally – surrounding SGBV in Liberia. For example, UN Women, the United Nations Population Fund, and a number of development partners currently award grants to community-based and civil society organizations to develop programs addressing violence against women. Domestically, there is increased attention towards developing reporting mechanisms for SGBV crimes and providing survivors with accompaniment to police departments, health centers, and other areas within their communities. In spite of these advances, the continued prevalence of SGBV in Liberia may in part be attributed to challenges in the legislative, judicial, and prosecutorial processes. Instigating factors include an inefficient and inadequately resourced justice system, strong customary practices that conflict with statutory laws, unclear legislation that weakens implementation and enforcement, delays in the prosecution of cases, the unavailability of witnesses when drawn-out cases finally come up for trial, and a lack of funding to support survivors.113 112. We recognize that, in addition to rape and other forms of SGBV, women and children are also the primary victims of human trafficking in Liberia. The crime of human trafficking is equally startling in its prevalence and is often intertwined with various forms of sexual and gender-based violence. However, both the crime and the legal provisions in place to address it are beyond the scope of this report. 113. White and James. 2009. An Analysis of Laws from a Gender Perspective in Liberia, Final Assessment Report. Submitted to the Office of the Gender Advisor (OGA) United Nations Mission in Liberia (UNMIL) and The Ministry of Gender and Development Government of Liberia, August 1, 2009, p 43. SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 56 LEGAL FRAMEWORK THE CONSTITUTION OF LIBERIA The Liberian Constitution addresses the concept of personal security multiple times, though with varying degrees of clarity. Personal security is declared a fundamental right under Article 11 of the Constitution, while Article 21(e) prohibits torture and inhumane treatment by the state apparatus. However, there is no constitutional provision for person-to-person violations of security,114 nor specific language protecting an individual from acts of violence committed by a non-state actor. Moreover, the Constitution does not clarify which actions are considered violations of personal security. Constitutions in other countries more clearly outline which security-related rights are protected. For example, the Constitution of South Africa states that a person has the right to bodily and psychological integrity, to be free from all forms of violence from either public or private sources, not to be tortured in any way, and not to be treated or punished in a cruel, inhumane, or degrading way. The right to dignity is not mentioned in the Liberian Constitution. That said, while Article 21(e) prohibits inhumane treatment, degrading treatment may not necessarily be considered inhumane. Given the interpersonal nature of SGBV cases, the lack of Constitutional provision for person-to- person violations of security essentially means that there is no Constitutional protection from most (if not all) forms of SGBV. Issues of SGBV may be culturally and politically contentious, as members of government may differ on which rights should be protected. Therefore, specific provisions for dignity, a thorough definition of the violations of personal security, and the prohibition of the degrading treatment of women in any form should be constitutionally protected rather than left to political processes. In addition, given Liberia’s historical use of rape as an instrument of war, its Constitution should specifically address violence against women. This can be achieved by drafting articles that specifically protect the dignity and security of women against violations by both state and non-state actors, as other countries that have emerged from difficult pasts have done. DOMESTIC VIOLENCE ACT (DVA) OF 2019 The Domestic Violence Act (DVA) was a critical step towards ensuring that survivors of sexual abuse, regardless of age, are protected under Liberian law. Prior to the DVA, sexual assault was narrowly defined under Liberian penal code. For example, to be prosecuted for sexual assault under the Penal Code, the case either had to involve a victim below the age of 12 (and a perpetrator over the age of 16), a parent perpetrator, or a victim who had been in custody or detained (such as in a hospital or prison) with the crime being committed by a figure with supervisory authority. The DVA was instrumental in ensuring that legal protections were expanded to those beyond these narrowly defined age ranges and 114. Person-to-person violations of security are, however, addressed in Liberia’s penal code. 57 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS circumstances. To prosecute a case of sexual assault under the DVA, the perpetrator needs only to be in a domestic relationship with a survivor as defined by the Act.115 However, some ambiguous legal provisions in the DVA, such as those regarding domestic violence, may hinder the ability of survivors to receive adequate protection from perpetrators. Though the DVA clearly provides for restraining orders to protect survivors of domestic violence, its provisions are vague regarding when a restraining order is appropriate.116 The law also does not mention what the consequences of violating a restraining order would be, diminishing its ability to be enforced. TOPIC ANALYSIS: Sexual and Gender-based Violence (SGBV) Legal provisions for crimes of SGBV in Liberia vary greatly based on several factors: the age of the victim, the age of the perpetrator, and whether the law itself is based on statute or custom. Each of the relevant laws comes with its own challenges in terms of implementation, adjudication, and effect. To better understand the differences within and between current legislation, this section will assess the ways in which the laws define each issue, analyze its provisions and challenges regarding enforcement and adjudication, and discuss the effect (if any) the laws have had on deterring SGBV crimes in Liberia. SEXUAL ASSAULT / ABUSE Under Liberian penal code, sexual assault117 involves the touching of the sexual or other intimate parts of a person to arouse oneself or to gratify a sexual desire without the other person’s consent.118 Importantly, this definition does not include penetration, as that would instead constitute rape. For sexual assault to be prosecuted under the general penal code, the victim must be less than twelve years of age and the perpetrator must be sixteen years of age or older. Sexual assault is also prosecuted under the general penal code if the perpetrator is a parent and the victim is under 21, or if the victim is in official custody or detained in a hospital, prison, or other institution and the perpetrator has supervisory or disciplinary authority over the victim.119 This statute does not apply to assault in schools or the workplace, as these are not locations in which a victim is considered to be in custody or detained.120 115. DVA, Op., Cit., Subsection 16.20(4)(c). See the section on sexual assault for more information. 116. Id., Subsection 16.30 117. In addition to sexual assault, the law defines two other forms of assault: aggravated and simple. According to penal law, the crime of aggravated assault occurs when an actor intentionally causes serious bodily injury to another. Simple assault occurs when an actor intentionally causes bodily injury to another person or touches another person in an offensive manner, either by striking or touching the person. Assault of a woman by a stranger may be prosecuted under provisions of aggravated or simple assault, but not as sexual assault. 118. Id., 14.77 119. Id,. Subsection 14.77 120. Sexual harassment in the workplace is prohibited under the Decent Work Act (DWA) and the Civil Service Standing Orders (CSSO). However, these are not criminal laws and therefore do not include provisions criminalizing sexual harassment. Given this lack of criminalization, sexual harassment is often punishable by a warning or dismissal by an employer. SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 58 Provisions for adult victims and an overall expanded definition of domestic sexual assault can be found in an amendment to the penal code, the Domestic Violence Act (DVA). Under the DVA, sexual abuse (which includes assault) is defined as including any conduct that abuses, humiliates, degrades, or otherwise violates the sexual integrity of a person, regardless of his or her age. Moreover, emotional abuse, threats to commit violence, preventing someone from pursuing a legitimate profession or business occupation, and the denial of marital property are all prosecuted under the Act.121 The DVA also includes provisions for sexual assault by an intimate partner, a former intimate partner, someone who is or was in a courtship with the victim, and a person in a cordial relationship with the victim that is not necessarily romantic. These provisions were a particularly important advancement for women because under Liberia’s penal code, the law did not acknowledge that sexual assault could take place between a married couple or two people otherwise intimately involved. However, the penalty for sexual abuse under the DVA is significantly affected by the presence – or lack thereof – of “aggravating circumstances”. Cases involving aggravating circumstances include situations in which the assault resulted in serious bodily harm, a weapon was brandished or used, or the perpetrator had a prior conviction for domestic violence. According to the DVA, if there are no aggravating circumstances, sexual abuse that does not involve rape is punishable by up to thirty days of imprisonment. In cases of aggravating circumstances, however, the punishment is up to a year’s imprisonment. While Liberian penal code does not cover school-based assault, there is both an act addressing sexual offenses on school grounds and a Teacher’s Code of Conduct that prohibits teacher-student relationships, though the latter is still in draft form.122 In the Education Reform Act of 2011, “sexual offenses” are defined as sexual coercion, intimidation or blackmail, sexual assault, sexual abuse, impregnating a student, rape, and gang rape. According to the National Teachers and Administrators Code of Conduct, an unpublished regulation from the Ministry of Education, a teacher is prohibited from having a sexual or romantic relationship with a student in the school system, regardless of the age and/ or whether the student consents. Sexual abuse, assault, and/or exploitation of students in exchange for grades, money, labor, or personal benefits or gains is also forbidden.123 However, the Code of Conduct is still undergoing revisions and is therefore a policy of the Ministry of Education rather than a standalone piece of legislation. The Education Reform Act of 2011 provides no punishments for sexual offenses by school administrators, school agents, or students. The law simply states that, upon learning of any sexual offense committed on school grounds, the school authority124 is immediately required to inform the 121. DVA, Subsection 16.25 122. 2019 Revised National Teachers and Administrators Code of Conduct (in press). 123. 124. 59 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS appropriate governmental authority. Cases are expected to be expeditiously addressed by administrators so as to cause minimal interruption to the school’s program.125 The Act does not mention any required actions on the part of school officials other than reporting the offense, nor provides penalties for offending administrators, teachers, or students. Similarly, no enforcement mechanisms are provided in the Teacher’s Code of Conduct. To better protect children from sexual assault on school premises, promoting accountability for violations is essential. In short, for the law to become more enforceable (and, therefore, more effective), the Education Act and related codes must include provisions for enforcement. Schools have an obligation to maintain a safe environment for students and support survivors of sexual assault in a way that will allow them to continue their education, and the law should clearly articulate and emphasize that obligation. RAPE Rape is well-defined under Liberian statutory law, with recent provisions for intimate partner rape further expanding the law’s protections. Rape is defined in Liberian penal code as an intentional penetration by a male or female, however slight, with either a penis or any foreign object, into any part of the body of another person without the victim’s consent.126 The 2006 amendment to Liberia’s rape law expanded the definition to include intimate partner and spousal rape, as Liberian penal code did not consider rape to be possible between either married or unmarried couples.127 Under the Penal Code, the age of consent is 18, though this age minimum does not apply if both parties involved are minors. Under Liberian penal code, a person under the age of 18 is legally considered to lack the cognitive ability to provide consent.128 Therefore, sexual intercourse between an adult and a minor, regardless of whether the minor claims to have consented, is considered rape. However, two minors may engage in sexual intercourse without violating the law. Customary law – and the statutory legislation regulating it – directly conflicts with the Penal Code, as the age of consent within a customary marriage is 16. The Equal Rights of the Customary Marriage Act of 1998 (ERCM) rendered it unlawful for any customary female under the age of 16 to be given in customary marriage. Thus, sexual intercourse with a female under the age of 16 is considered to be rape in both customary and statutory law. Under statutory law, the female must be at least 18 for her husband to be exempt from statutory rape laws. If a couple is married under customary law and the female is under the age of 18, the husband is still subject to rape charges as stipulated by statutory law. 125. New Education Act of 2011, Subsection 7.2.1 126. Penal Code, Title 26, Liberian Code of Law Revised, Sexual Offense, Subchapter 14.70(a) 127. Id., 14.70(1) 128. Penal Code, Subsection 14.70(4) SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 60 TABLE 1 Legal Classifications of Sexual Intercourse with a Minor, Statutory vs. Customary Law Marriage Status Statutory Law Customary Law Rape, if the victim is under the Rape, if the victim is under the Minors in Customary Marriages age of 18 age of 16 Rape, unless the perpetrator is Rape, unless the perpetrator is Unmarried Minors also under the age of 18 also under the age of 18 Though statutory legislation is becoming increasingly comprehensive in its definition of - and penalties for - rape, conflict with cultural norms on how to define the crime and a widespread reluctance to report it continues to hinder enforcement of the law. There are various legal provisions for crimes of rape in Liberia. Under statutory law, the punishment for rape is up to life imprisonment and is treated as a capital offense if it involves a child below the age of 18, results in permanent physical injury, is carried out with violence, involves the use of a deadly weapon or threats to use a deadly weapon, or if it is a gang rape.129. 130 Customary law is more lax in its definition and does not consider children between the ages of 16 and 18 to be rape victims if they are within a customary marriage, rendering statutory law less enforceable. Moreover, the damage caused by a rape accusation can be substantial, both in terms of the perpetrator’s lengthy pre-trial incarceration and the backlash incurred by a complainant for reporting a fellow community member. As a result, most cases end up being settled outside of court before ever reaching trial. The absence of mandatory sentencing guidelines for the rape of a minor limits the law’s effectiveness in discouraging the crime, and most cases of adolescent rape are not reported unless serious physical injuries occur. While sexual intercourse with a minor is considered a first-degree felony, statutory law only provides maximum punishments and leaves sentencing to the discretion of the courts. Sentences for rape of a minor can therefore range from zero years to life imprisonment. In practice, unless a rape involves a very young child (i.e., below 14 years of age) and results in serious or permanent injuries, it is unlikely that a life sentence will be imposed. Therefore, while the stricter penalty of up to life imprisonment was introduced in the 2006 amendment of the rape law to curtail the incidence of the crime, the absence of mandatory minimum sentencing guidelines greatly weakens the reformed law’s efficacy. As with other SGBV crimes, prosecuting cases of rape against minors in Liberia is difficult due to the interplay between what is customarily acceptable and what the statutory law prohibits. This issue can more clearly be understood by assessing the varying severity of punishments between customary 129. Id., Subsection 14.70(4)(b) 130. Perpetrators not directly involved in the act of rape, but who conspired with one or more persons to rape another person, are also considered guilty of gang rape (Id., Subsection 14.70(b)). 61 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS and statutory law. While the penalty for rape of a minor (below the age of 18) under statutory law is up to life imprisonment, the penalty for rape of a minor (below the age of 16) under customary law is a maximum fine of one thousand Liberian dollars (approximately six US dollars). And, though parents facilitating customary marriages should be fined for receiving a dowry for a child below the age of 16 (and even charged with facilitating rape under statutory law), this penalty is rarely enforced. In addition to conflict between statutory and customary law, issues regarding delayed trials and a reluctance to report cases due to potential community scrutiny weaken legal protections for both children and adult victims of rape. The 2006 reform of Liberia’s rape law, which reclassified certain cases of rape as a first-degree felony, made obtaining bail in such cases significantly more difficult. This was an important step towards protecting victims and deterring future crimes.131 However, this amendment has also contributed to greater corruption at every stage of the reporting chain. The long wait times – and, therefore, longer periods of incarceration – that defendants face before reaching trial places a heavy burden on the individual reporting the crime.132 Reporters of rape may face criticism and stigmatization if the reporter and the accused are from the same community. Nurses, the police, judges, and other community members that are part of the judicial process may therefore choose to not report or cooperate with an investigation and allow families to settle it amongst themselves to avoid community backlash. Cases may then be dismissed or settled outside of court, or the charges may be dropped altogether. While customary law does not provide for the settlement of rape and traditional courts generally do not hear rape cases, it broadly favors the settling of disputes within families (rather than through courts). Further impediments to the delivery of justice in rape cases can be found within the grand jury system itself. In Liberia, rape is a felony, and a trial for a felony begins with an indictment by a grand jury. A grand jury holds the responsibility of bringing a formal charge against the accused. However, the jury sits for just 21 days of a 42-day court term. When prosecutors have available witnesses to testify during a court term but lack a grand jury to indict an accused, time is lost, families move on, and witnesses are therefore often unavailable to testify when a trial is finally set to begin. Though a prosecutor may petition a court for a special jury when a regular jury is out of session to secure an indictment, this rarely happens due to the associated costs.133 In practice, most completed cases of rape are those in which an accused person confesses. Ultimately, while there is a heightened sense of awareness in Liberia regarding rape, victims still face great barriers to accessing justice. Some of the most pervasive issues include the conflict between 131. Before the amendment of the rape law in January 2006, a defendant in a rape case could much more easily obtain bail. However, following the reclassification of rape as a capital offense and a first-degree felony, it is now nearly impossible. In order for the defendant to obtain bail, the judge must examine the complaint to determine whether, given the facts and circumstances of the case, it is unlikely that rape was committed. When bail is granted under this circumstance, it is said that “the proof is not evident and that the presumption is not great”. Given that it is very difficult to reach this conclusion during the initial stages of a trial, bail is not often granted to defendants charged with the crime of rape. 132. On average, the accused may wait approximately three years from the time they are incarcerated to the time their trial begins. 133. Penal Code, Op., Cit., Special Grand Jury, Subsection 15.5 SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 62 statutory law and prevailing customary practices, trial delays, the potential stigmatization of those who report a rape, and the insufficient availability of the grand jury, which is needed to secure an indictment in felony cases. TOPIC ANALYSIS: Sexual and Reproductive Health (SRH) The right to safe, easily accessible Sexual and Reproductive Health (SRH) services promotes the health, prosperity, and empowerment of all women. Moreover, given that survivors of SGBV often experience issues related to SRH, legal provisions protecting survivors’ right to quality care is all the more essential. Though important legislative advancements (such as the HIV/AIDS Act134) have been made towards protecting the SRH rights of all Liberian women and girls and of SGBV survivors in particular, there are key areas that still lack sufficient safeguards. FEMALE GENITAL MUTILATION (FGM) There are currently no special laws that explicitly address or prohibit Female Genital Mutilation (FGM) in Liberia, although general criminal law prohibits such crimes. According to the World Health Organization (WHO), FGM involves “…the partial or total removal of external female genitalia or other injury to the female genital organs for non-medical reasons.”135 Despite grave health risks at the time of the procedure, particularly to young girls, and later complications throughout survivor’s life, significant segments of Liberia’s traditional population consider FGM to be an essential traditional practice worth preserving. According to 2013 data reported by UNWomen, 44 percent of women and girls in Liberia have been subject to FGM.136 While Liberia has ratified universal and regional conventions and treatise that prohibit FGM, it has not approved special legislation criminalizing this traditional practice that discriminates against women and harms children,137 instead relying on a set of general laws under which FGM can 134. The HIV/AIDS Act articulates safeguards to protect the health of those with HIV/AIDS, some of whom may be victims of sexual assault. The Act provides protection for both women and men with HIV/AIDS and acknowledges a need to provide treatment according to the challenges, needs, and responsibilities of each gender. The Act also addresses how to handle and treat HIV/AIDS in cases of rape, sexual assault, and domestic violence against women and girls, provides that post- exposure prophylaxis should be administered to reduce the likelihood of HIV infection as a result of the assault, clarifies how HIV test results must be dealt with to ensure confidentiality, explains how to report allegations of rape, sexual assault and/or domestic violence to public health institutions, describes the manner of assistance that should be provided to a survivor in the investigation and prosecution of rape, sexual assault, and/or domestic violence so as to protect the rights and health of female survivors, and clarifies how to develop and implement training courses for healthcare providers. 135. World Health Organization, 3 February 2020. (https://www.who.int/news-room/fact-sheets/detail/female-genital- mutilation#:~:text=Female%20genital%20mutilation%20(FGM)%20involves,benefits%20for%20girls%20and%20women). 136. https://evaw-global-database.unwomen.org/fr/countries/africa/ liberia?formofviolence=c1acf03e0c694de38a557407ce413e65 137. Liberia has ratified or signed the following conventions and treaties: Convention on the Elimination of Discrimination Against Women (CEDAW) (acceded 1984); Convention on the Rights of the Child (CRC) (ratified 1993); Universal Declaration of Human Rights 1948 (UDHR); International Covenant on Civil and Political Rights (ICCPR) (ratified 2004); International Covenant on Economic, Social and Cultural Rights (ratified 2004); African Charter on the Rights and Welfare of the Child (ratified 2007); Maputo Protocol to the African Charter on Human and Peoples’ Rights on the Rights of 63 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS be prosecuted. For example, the Liberian Penal Code of 1976, in its articles 14.2, 14.21, 14.23, and 14.51, condemn manslaughter, assault, reckless endangering another person and felonious restraint respectively.138 The Children’s Act of 2011 prohibits subjecting a child to any unnecessary or uncultured practice that may inflict physical, psychosocial, or emotional pain to the child or otherwise violate or endanger her or his bodily integrity, life, health, dignity, education, welfare, or holistic development.139 Moreover, those protected under the Act – children – are also the most common victims of FGM, which is usually done with parental approval. Despite the relevance of the Children’s Act to FGM, the practice is not specifically mentioned within the law, although FGM meets all the legal criteria defined in the Children’s Act. As of 2019, three criminal cases successfully prosecuted FGM-related cases, though all three also involved acts that are more directly related to the penal code, including kidnapping and bodily harm.140 Despite the state’s failure to effectively adopt special laws addressing FGM, there have recently been legislative attempts to do so. In January 2018, President Ellen Johnson Sirleaf signed Executive Order 92, which temporarily banned the practice of FGM on girls under the age of 18. It also required women over the age of 18 to provide their consent. However, given that this was an Executive Order valid for only one year, it did not require legislative support or approval. Moreover, the timing of the Order is particularly notable, as it was signed as the President was leaving office. Though this timing made the move politically safe, it also meant the President had little opportunity to oversee the Order’s implementation and enforcement. Thus, while the Executive Order technically banned FGM, subsequent government did not consider renewing the Order, even though it aligned with the Children’s Act, local efforts to eradicate the practice,141 and the state’s legal international and regional obligations commitments. Similarly, in 2012, the Ministry of Internal Affairs issued a notice that Sande schools (where FGM is frequently carried out) activities should stop, permits would stop being issued, and failure to comply would result in a fine. However, strong opposition, especially by traditional leaders, members of the community and some national institutions, such as the National Traditional Council of Liberia, blocked these efforts.142 With special legal provisions on FGM still lacking, continued efforts for greater law enforcement in regard to FGM – through the existing general criminal law and the Children’s Act – will need to be complemented through other methods. There have been many initiatives regarding education, outreach, incentives, and engagement with traditional leaders on the practice of FGM. For example, the Women in Africa (Maputo Protocol) (ratified 2007); African Charter on Human and People’s Rights (Banjul Charter) (ratified 1982) 138. https://openknowledge.worldbank.org/bitstream/handle/10986/35112/Compendium-of-International-and-National-Legal- Frameworks-on-Female-Genital-Mutilation-Fifth-Edition.pdf?sequence=1&isAllowed=y 139. Children’s Law of Liberia, 2011, Article VI, the Child’s Responsibilities, Culture, and Tradition. Subsection 4(d), p.21. 140. 28 Too Many. 2019. Country Profile: FGM in Liberia. Second Edition. https://www.28toomany.org/static/media/uploads/ Country%20Research%20and%20Resources/Liberia/liberia_country_profile_v2_(september_2019).pdf 141. This Presidential Order against Domestic Violence (including FGM) had a great impact at the time and was very much debated in Liberia and at the international level. https://www.africanews.com/2018/01/21/president-ellen-johnson-sirleaf- issues-executive-order-against-female-genital/ 142. 28 Too Many. 2019. Country Profile: FGM in Liberia. Second Edition. SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 64 National Working Group Against FGM, consisting of stakeholders and civil society, continue to push for special criminalization of the practice.143 Nonetheless, FGM continues to be practiced within both peri- urban and rural cultural groups in Liberia. ABORTION Abortions are legal in Liberia only under a limited set of circumstances, and penalties for “unjustifiable abortions” are significant. Though any licensed professional may provide a legal abortion in any health facility, it is a serious crime to terminate a pregnancy unjustifiably under Liberian penal code, either by oneself or by a physician. A terminated pregnancy is considered “unjustifiable” if the mother’s health is not in danger, the pregnancy was not a result of rape, incest, or other criminal conduct, or if the child would not be born with a physical or mental defect. There are no other circumstances under which a pregnancy may be legally terminated.144 It is illegal for health facilities (private or public) to provide unjustifiable abortions, and the law is strictly enforced against the individual who performs such an abortion.145 Women who conduct “self-abortions” after the twenty-fourth week of pregnancy, in addition to healthcare providers or other individuals that conduct an unjustifiable abortion, may be charged with a third-degree felony.146 According to sources at the Ministry of Health, unsafe abortions are one of the leading causes of infertility and maternal and infant mortality in Liberia. This is because, given the strict enforcement of the law, women seeking an abortion for legally “unjustifiable” reasons will likely not find a medical facility willing to assist them. They may therefore be forced to resort to other dangerous and potentially life-threatening means of terminating their pregnancy, such as having an illegal abortion in a private home. Healthcare delivery centers can only provide services when attempted abortions go wrong, at which point it becomes nearly impossible to save a mother’s life. A recently proposed draft bill to amend the New Public Health Law would provide for the decriminalization of abortion, give women the right to decide whether to terminate a pregnancy before term, and require the government to provide facilities for safe abortions. If this amendment were to be approved, it would be an essential step towards strengthening women’s right to choose and ensuring the provision of safe abortion services for those who need them. However, as some key stakeholders remain opposed to decriminalizing abortion, the proposed bill still has not been passed into law after approximately two years in draft form. 143. 28 Too Many. 2019 Country Profile: FGM in Liberia. Second Edition. https://www.28toomany.org/static/media/uploads/ Country%20Research%20and%20Resources/Liberia/liberia_country_profile_v2_(september_2019).pdf 144. Penal Code, subsection 16.3. 145. Under the Penal Code, subsection 50.5(1)(c), an unjustifiable abortion is a third-degree felony punishable by a definite term of imprisonment to be fixed by the court. The maximum sentence is three years. 146. Under the Penal Code, subsection 50.5(1)(c): “A woman whose pregnancy has continued beyond the twenty-fourth week commits a felony of the third degree if she purposely terminates her own pregnancy otherwise than by a live birth, or if she uses instrument, drugs, or violence upon herself for that purpose.” 65 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS CONCLUSION Liberia has made substantial strides in addressing and deterring SGBV-related crimes, of which women and children are the most common victims. Some of the regulatory and institutional reforms made in this area include: the reform of Liberia’s penal code to provide stronger penalties for SGBV crimes; the enactment of the Domestic Violence Act to expand the definition of domestic relationships; the establishment of a specialized unit within the Ministry of Justice to prosecute SGBV crimes; and the creation of a special unit within the Ministry of Gender and Social Protection to inform the government’s SGBV policy interventions and initiatives. Despite recent advancements, Constitutional amendments proposed in 2019 fell short in their protection of Liberian citizens from SGBV. The proposed amendments failed to include specific provisions granting all citizens the right to be free from all forms of violence from either public or private sources, which is particularly critical in light of Liberia’s history of war and violence. Moreover, the proposed amendments did not address violence against women (nor include any provisions specific to women). Beyond Constitutional shortcomings, other gaps within the legal and implementation frameworks frustrate efforts to eliminate various forms of violence against women and children. One of the primary challenges is that the age of consent under statutory law is 18, while the age of consent for those within a customary marriage is 16. This discrepancy essentially nullifies statutory rape laws in situations involving minor customary females between the ages of 16 and 18. There is also limited protection for individuals that face sexual assault in schools or in the workplace. Furthermore, reforms of the Penal Code that provided tougher punishments for rape continue to be impeded by the slow pace of the judicial system. Additionally, though the DVA attempts to address the pervasive issue of non-reporting by providing for mandatory reporters of domestic violence147, it fails to consider the actors in whom women confide and that ultimately run the local society. The DVA limits the obligation of mandatory reporting to healthcare professionals, school authorities, and the police, thereby omitting a critical group: the community. Community members are around on a more regular basis and are generally more aware of day-to-day occurrences within their community. However, the DVA does not articulate the duty of the community to report observed or suspected acts of domestic violence.148 Moreover, despite the DVA’s provision of mandatory reporters, there are still insufficient legal regulatory guidelines for reporting crimes of SGBV in Liberia. Therefore, even those who are required by law to report abuse are not held accountable if they fail to report. This is why most SGBV cases 147. Mandatory reporters are those legally required to report suspected abuse to the appropriate authorities. This status is usually given to those in fields that may encounter potential victims of abuse with relative frequency, such as those in education or healthcare. 148. DVA.16.20 SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 66 are compromised at the reporting stages. However, Liberia has taken steps to address this regulatory gap and ensure reported cases are well-documented. For example, the National Plan of Action for the Prevention and Management of Gender-Based Violence details a referral pathway for police and other security personnel who receive reports of and investigate rape, sexual assault, and domestic violence. Steps in the pathway include the police/security personnel taking the victim’s statements and then accompanying her/him to a hospital for examination. After the hospital conducts an examination, it will then file a report with law enforcement, who then draw up charges based on the report from the healthcare provider.149 Notwithstanding the current shortcomings, there are legal provisions in place to protect and support witnesses in SGBV cases. For instance, trials for rape are intended to shield a survivor from public ridicule and are therefore not open to the public. Moreover, while Liberian law requires that there be a witness to corroborate a victim’s testimony, the Supreme Court held in Fallah vs. Republic that the testimony150 by a 'ravished' woman in a rape trial or the public accusation by the victim of her assailant may suffice.151, 152 However, to fully prosecute those accused of rape or other severe crimes, additional support beyond the courtroom is needed for survivors of SGBV. Specifically, a survivor often needs financial support to attend trials, as she would have to leave either her work or the market each time there is a court hearing. The potential impact of the financial losses incurred from attending a trial may be exacerbated if the witness is the head of her household, as her loss in income may render her unable to purchase basic necessities for her and her family. Thus, without some form of financial support, survivors may be unlikely to continue pursuing the case. In addition to insufficient legislative protections and conflict between statutory and customary law, there are additional cultural barriers to advancing anti-SGBV efforts in Liberia. For example, in communities where members are close-knit and considered to be one family, accusing a family or community member or taking them to trial – especially for an SGBV-related crime – may be looked down upon. Those who do choose to report acts of violence often face discrimination and stigmatization for getting a “family member” in trouble, particularly when legal action is pursued. In a 2020 workshop discussion on Liberia’s domestic violence laws, one participant commented that it was easy for workshop facilitators to encourage community members to report cases of abuse because they did not live in their communities, stating “…we have no protection when you leave after your workshop.”153 149. Counsellor Isaac George: Chief Prosecutor: Sexual Gender Based Violence: Ministry of Justice. 150. The testimony must be corroborated by evidence of violence, which is usually a medical report demonstrating physical injuries to the vagina. 151. Fallah v RL [2007] LRSC 16 (9 August 2007) 152. In this case, the defense contended that there was no corroborating witness to the victim’s sole testimony (as required by law). However, the court disagreed with this argument given the unlikelihood of someone else witnessing a rape. 153. Quote from a participant of a workshop held by ActionAid Liberia on March 4, 2020 discussing Liberia’s land rights and domestic violence laws. 67 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS Finally, inadequate legal protections for key SRH issues not only render women and girls vulnerable to harmful practices such as FGM, but also limit their bodily autonomy and decision-making rights regarding their own health. For example, without a law to criminalize – or even define – FGM in Liberia, it cannot be prosecuted. The Children’s Act, perhaps the most relevant law to FGM, does not criminalize the practice. Even if it did, it is unclear how the law would be enforced, as the Act does not provide any penalties for other forms of violations. Additionally, given limitations surrounding what constitutes a “justifiable” and “unjustifiable” abortion - and the strict legal enforcement against the latter – many women and girls are forced to resort to much more dangerous means of terminating a pregnancy. Though a draft bill to decriminalize abortion is currently being debated, the contentious nature of the subject creates uncertainty as to whether the draft bill will successfully be passed into law. POLICY RECOMMENDATIONS Moving forward, Liberian legislation could address and prevent SGBV crimes and improve rights related to SRH by amending key acts related to SGBV and SRH, expediting the judicial process, increasing the scope of victim protection, support, and empowerment, and conducting education and awareness- raising campaigns. General Reforms Regarding Rape and Sexual Assault/Abuse о Enact mandatory minimum sentencing guidelines for the rape of a minor under statutory law. Though there is currently a maximum sentence of life imprisonment in place, it is often not imposed. This lack of guidelines leaves the determination of sentencing entirely to the courts, who may choose to not imprison the perpetrator at all. о Introduce legislation that protects all minors from being married – even under customary law – and, in the short-term, strengthen penalties for the rape of a minor under customary law to match the severity of the crime. The maximum fine for the rape of a minor under customary law is starkly lower than the statutory provision of up to life imprisonment. Given how difficult it already is to enforce such penalties due to clashes between statutory and customary law, it is critical that all provisions for the crime be more closely aligned. This alignment will make the penalties more easily enforceable under either form of law and will therefore serve as a much stronger deterrent. о Provide clear legal reporting mechanisms for crimes of rape and assault. An example of desired provisions for reporting can be found in one of Liberia’s primary labor laws, the Civil Service Standing Orders (CSSO). The CSSO describes how a suspected crime can be reported, provides channels for reporting, and encourages detailed investigation processes, with cases being investigated by a gender-balanced committee of four. SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 68 о Impose harsher sentences (e.g., large fines or prison sentences) on those compromising (i.e., not reporting) cases of SGBV to deter families, nurses, prosecutors, and community members from future offenses. о Incorporate actionable regulations into the Education Act of 2011, the Teacher’s Code of Conduct, or new legislation, particularly focusing on the provision of reporting mechanisms for cases of sexual and gender-based violence on school premises. In addition, clarify what the responsibilities of school administrators are in cases of sexual assault on school premises beyond simply reporting the case and strengthen accountability for failures to report or take action against perpetrators. о Publish a database of sex offenders that is easily accessible to the public through cooperation with media outlets, community-based organizations, and civil society groups to add a further deterrent to committing such offenses. Amendments to the Domestic Violence Act о Fully acknowledge and provide for the rights of domestic violence survivors within the law’s text. Rights to address may include: the right to be treated with fairness and with respect for the victim's dignity and privacy; the right to be present at all public court proceedings related to the offense (unless the court determines that testimony by the victim would be materially affected if the victim heard other testimonies at the trial); and the right to information about the conviction, sentencing, imprisonment, and release of the offender to avoid future violence. о Include mandatory minimum sentences for cases of sexual assault/abuse that involve an aggravating circumstance, such as when the crime involves a child or when the crime results in permanent physical, psychological, and/or emotional injuries, so as to deter future offenses. о Clearly define the circumstances necessitating a restraining order. Circumstances could include: causing or attempting to cause physical injury; placing a person in fear of imminent serious bodily injury; continued harassment; committing wrongful acts against the plaintiff with no legitimate purpose; or acts which cause substantial emotional distress (for instance, calling a victim many times a day and causing them to experience significant fear and anxiety). о Delegate the authority to issue implementation and enforcement regulations to the Ministry of Gender, Children, and Social Protection, as interagency cooperation has largely been unsuccessful in achieving policy objectives. The Ministry of Gender has already become the de facto authority overseeing the DVA’s implementation. 69 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS Amendments to the Children’s Act о Include a clear definition of which activities are prohibited and consider specifically including the cutting of parts of a female’s genitalia for non-medical reasons (FGM). Prohibiting uncultured, harmful traditional practices, as the Act does, may signify different things to different people. The law should therefore unambiguously define which practices are considered crimes, as unclear legal language invites misuse and abuse. Improvements to Implementation and Enforcement о Amend law(s) relevant to the grand jury to provide that a grand jury may be called whenever the prosecution requests so that the courts may expeditiously process accused persons for trials. Additionally, in order to expedite cases, relieving circuit judges – higher-tier judges that are not assigned to a particular court - could hear rape and sexual abuse cases at magisterial courts, as magistrates cannot judge said cases. This could increase the number of cases that can be heard during a court term and thereby reduce the dockets of specialized courts. о Engage in a sustained national conversation on harmonizing Liberia’s dual – customary and statutory – legal system and assess its utility for Liberian society. Such conversations should also address Liberian laws that are currently in conflict with international norms. For example, having two different ages of consent for rape due to a culture that allows children to marry and the continued practice of FGM, among others, violate several international agreements to which Liberia is committed. In harmonize customary and statutory laws, provide one set of rules and punishments for crimes. о Provide monetary support to survivors of severe SGBV crimes (e.g., rape) during investigations and trials to assist with transportation, legal fees, medical bills, and lost wages. This will reduce instances of survivors or their families receiving money from perpetrators or their families to prevent survivors from testifying. Even though prosecution is the prerogative of the government, inadequacy of resources affects prosecution. Too often, a survivor must try to fill this gap in financial resources to move her case through the court system while at the same time attending to her own financial needs. о Support females interested in the practice of law in becoming prosecutors of SGBV cases. Due to cultural norms surrounding rape and sexual abuse, women may be more likely than men to see crimes of SGBV as appropriately severe. Education and Awareness о Improve education and outreach efforts within communities and on the airwaves about SGBV-related crimes, their impacts, and their punishments to overcome the stigma associated with taking a family member or a community member to court, SEXUAL AND REPRODUCTIVE HEALTH AND SEXUAL/GENDER-BASED VIOLENCE 70 о Circulate and distribute legislation related to SGBV and SRH, ensuring it is taught it in schools and to communities regularly. Children and adolescents in particular should be made more aware of the crimes of rape and sexual assault and should be empowered to report abuses to trusted family and community members. CHAPTER 5 CONCLUSION AND SUMMARY OF REFORM RECOMMENDATIONS Liberia has made varying degrees of progress towards strengthening legal protections for women in the areas of women’s property and family rights, labor and employment, sexual and gender-based violence (SGBV), and sexual and reproductive health (SRH). From new legislation providing equal land governance and management rights to women and men in customary communities to reforms of the Penal Code to provide stronger penalties for SGBV crimes, Liberia has endeavored to better account for the welfare of women in its laws. Liberia’s labor and employment laws in particular have emphasized gender-neutral concepts such as equal pay for equal work and the right of all citizens to safe, humane conditions in the workplace. However, not all of Liberia’s recent legislative efforts have benefited women. In 2019, for example, proposed Constitutional amendments to address violence against women were not adopted. As another example, the National Teachers and Administrators Code of Conduct intends to provide greater protection against SGBV against children in school than the Education Reform Act of 2011 did, but it is caught in political negotiations. The Executive Order against FGM was short-lived. While this report has identified a myriad of ways that legislation could better protect and serve Liberia’s women in various spheres of life, three cross-cutting conclusions emerge. First, there are gaps and ambiguities within current legislation that place women at a disadvantage. As stated in 73 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS UN Women (2021), “Both statutory and customary laws have traditionally been rooted in patriarchal structures that have prevented the inclusion of provisions on gender equality and the protection of women and girls’ rights.”154 These laws are thus designed to incentive behaviors as seen through a male lens, creating differential – or even negative – incentives for women. For example, the Decent Work Act (DWA) stipulates a mandatory minimum wage across all sectors but defines a wage rate for domestic workers – who are predominately female – that is 30 percent below the minimum wage. Further, in practice, the DWA covers formal sector workers while most women work in the informal sector, and thus are uncovered. In terms of property law, a restrictive Constitutional definition of individual property being acquired as a result of “one’s own labor” does not sufficiently recognize the non-monetary contributions to the purchase of property frequently made by female household members. As a result, women may not have a constitutionally protected right to property that they may have helped purchase and/or maintain. Second, there are contradictions between what is stipulated under statutory law and what is considered to be an appropriate customary practice. For instance, though statutory law on inheritance rights specify that a widow may continue to live on and manage her deceased husband’s estate regardless of her marital status, customary law asserts that she forfeits her right to her deceased husband’s property upon remarriage. Given the importance of marriage as a means through which women can remain socioeconomically integrated into a community, this conflict greatly constricts women’s agency and essentially forces them to either give up a home or marry one of their deceased husband’s relatives. Another example is the age of sexual consent: it is 18 years of age in statutory law but 16 years of age in customary law. This causes ambiguity in whether the sexual partner of a 16 or 17 year old child is guilty of rape (under statutory law) or not (under customary law). Third, enforcement mechanisms within current legislation are often weak or nonexistent, limiting the laws’ efficacy in protecting women and reducing gender disparity. For example, the Decent Work Act (DWA) requires equal work for equal pay. But the concept of “equal work” and “equal pay” are not defined, the burden of proof is high, and the penalties are minimal. Regarding SGBV legislation, though the Education Reform Act of 2011 clearly defines and prohibits a myriad of sexual offenses on school grounds, it does not include any punishments for offenders nor require school authorities to do anything other than report a sexual offense to the relevant governmental authorities. The Act also does not require school administrators to punish or expel offenders. The report chapters also identified issues specific to each of the three topic areas. Property and family rights law is internally inconsistent, relies on vaguely defined concepts, does not adequately account for the division of labor and power structure in the households, and is subject to contradictions with statutory law. Several laws govern property and family rights, but new laws that are intended to improve on older laws instead co-exist with those older laws, creating internal inconsistencies. For example, the Constitution says that property ownership accrues to the individual who worked to acquire 154. Page 27. the land while later laws specify that ownership is defined by the name on the property deed. Vague and inconsistent definitions in “marriage” and “parentage” complicate property ownership, usage, and inheritance rights. The gender norms where women care for the house, men engage in market work, and the household unit enjoys the outputs of the labors of both partners is not reflected in property law, where property accrues to the person who “worked” for it. Furthermore, traditional norms governing decision-making and women’s role in the family put women at a disadvantage in land acquisition and usage, as well as land and property ownership inheritance. Finally, customary norms – such as married women relocating to her husband’s community or multiple wives – are not internalized in the design of statutory land and property law. Liberia’s labor and employment laws have placed significant emphasis on gender neutrality, but at a cost to women. In following ILO good practice, the DWA effectively stipulates employment protections and workplace norms for pregnancy, maternity leave and breastfeeding. However, complementary regulations that require employers to provide the means for these laws to be implemented–- such as lactation rooms - are lacking. The effort to be gender neutral on other aspects of the DWA ignores women’s gendered responsibilities. For example, the only leave time that cannot be carried over or monetized is family leave, which is most likely taken by women. General guidelines for contracting are provided in the DWA, but the specific bargaining around work contracts between the employer and the worker are not regulated. Since women have less agency, on average, than men, women’s contract are likely to be less beneficial to the worker. Moreover, though Liberia’s pension scheme does not differentiate between women and men, the former may have more difficulty accumulating sufficient work years to be eligible for the program due to women’s fluctuating participation in the labor market resulting from conflicting household responsibilities. As a result, fewer working women may be eligible for Liberia’s pension scheme than working men. With regards to SGBV and SRH, Liberia has made significant advances in some areas, such as a broader definition of domestic violence and elevating rape to felony status, while ignoring other deep issues, such as FGM and customary norms around SGBV. In the issues where there have been advances, some well-intentioned reforms may exacerbate women’s vulnerability. For example, the process for convicting a rape felony may reduce reporting on prosecution. While in other cases, further work can be done to protect women and girls, such as converting the Teacher Code of Conduct section on SGBV in schools into law. The conflicts with customary law are more challenging but must be addressed rather than ignored. While statutory law might set the age of consent at 18, it will rarely over- ride the customary law age of 16 in traditional communities. While the President may sign an Executive Order to eliminate forced FGM, the practice will continue as long as social norms dictate. This points to the need for actions to facilitate a social movement toward the ideals that statutory law could promote. In the meantime, given the contentious nature surrounding both of these issues, the advancement of protective legislation has been limited. 75 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS GENERAL REFORMS To achieve widespread female empowerment in Liberia, further reform to laws and implementing institutions could • Put new emphasis on designing laws that account for women’s and men’s gender roles. For example, since most women work in the informal sector, laws governing sexual harassment in the workplace, equal pay for equal work, and maternity protections may need to be designed and implemented through public safety, equity, and family law rather than labor law. Or, clearly legislate a broad definition of “marriage” that includes partnerships in all forms, is easily proven, and is consistently used across all legislation. • Work to harmonize statutory and customary law. This may mean starting from the perspective of customary law and building statutory law on top of it.155 For example, start with the customary definition of property ownership and provide greater definition, in statutory law, within that context. • Design enforcement so that it incentivizes good behaviors in practice. While it was admirable to convert rape to a felony, the practice of prosecuting a felony may have actually made the crime more prevalent. Thus, it would be useful to undertake a study to assess the incentives (both real and implicit costs) that current reporting processes, enforcement, and punitive measures generate for preventing, reporting, and prosecuting violation of laws that negatively affect women. And use the study findings to map a reform agenda. TOPIC-SPECIFIC REFORMS The report recommended many reforms to property and family rights laws. Some of the key recommendations include: • amending legislation to ensure women can access and use property that they have helped purchase or maintain. At present, a deed is considered to be the only legal proof of interest in land and other essential forms of property. Current legislation could be amended so that a married couple are considered joint owners of any property acquired by either party, regardless of whether their name is on the deed. As a result, both husband and wife would therefore possess equal decision-making and usage rights on property they both helped acquire. 155. UNWomen (2021) cites several studies that reflect on dialogue to bridge the gap between customary and statutory law, for example: Williams, S.H. (2011). Democracy, Gender Equality and Customary Law: Constitutionalizing Internal Cultural Disruption. Indiana Journal of Global Legal Studies, 8(1), pp. 65-86. https://doi.org/10.2979/indjglolegstu.18.1.65. Divon, S.A., & Bøås, M. (2017) Negotiating justice: legal pluralism and gender-based violence in Liberia. Third World Quarterly, 38(6), pp. 1381-1398, https://doi.org/10.1080/01436597.2016.1268908 . CONCLUSION & SUMMARY OF REFORM RECOMMENDATIONS 76 • restructuring the child custody litigation process so that women and men have equal custodial rights. In terms of family law, a father’s custodial rights currently supersede a mother’s in nearly all situations. This potentially places women in a situation in which they must prove their legal right to custody, even if they are better suited to provide for the child. Amendments to family law and reform of the custodial litigation process may therefore be necessary to ensure that the child’s well-being is the primary consideration in litigation, and that a mother’s legal right to custody is equal to a father’s. In terms of labor and employment-related policy recommendations: • ensuring that the DWA’s protections are extended to Civil Servants. At present, the CSSO is essentially a replacement of, rather than an addition to, the DWA. However, there are clear gaps within the CSSO that leave employees unprotected in key areas. Amending the DWA to include Civil Servants within its protections would ensure that their rights are just as protected as those of Liberians working in other sectors. • addressing the need for infrastructure support for new mothers in the workplace. Though the DWA recognizes the unique needs of new mothers in the workplace, it could go further in protecting women by requiring employers to provide separate breastfeeding and/or childcare facilities. This would allow women to remain at work during their legally allotted nursing breaks and support their consistent engagement in the labor force, even after childbirth. • providing a gender-neutral “parental leave” option to employees. A “parental leave” option that allows couples to decide which parent will remain home with the child may provide families with more decision-making power regarding childcare arrangements and prevent the burden of care from necessarily falling entirely on the mother. In the area of SGBV and SRH-related issues: • enacting legislative reform for greater specificity in defining punishment for crimes such as sexual assault. Currently, there are no mandatory minimum sentencing guidelines for cases of sexual assault involving “aggravating circumstances”, such as when the crime involves a child or results in permanent physical, psychological, and/or emotional injuries. Minimum sentencing guidelines ensure that there is a sufficiently stringent penalty prescribed in each case and also serve as a strong deterrent. • providing greater support to survivors of SGBV crimes. Providing some form of support (e.g., monetary) to assist survivors of severe SGBV crimes during investigations and trials could reduce instances of survivors and their families being paid by perpetrators to not testify. Several areas of Liberia’s legislation explicitly support women’s access to health, assets, and labor 77 A REVIEW OF LIBERIA’S LEGISLATION THROUGH A GENDER LENS opportunities, as well as address gender-based and other sexual violence, however this report argues that more and better legislation is still necessary to unlock women’s and girl’s potential. Women and girls in Liberia face substantial institutional and cultural disadvantages. As a result, they are unable to fully engage in the labor market, participate in society, and raise their children in a way that will empower them to play an even greater role in advancing Liberia’s economic and social development. Liberian women have some of the worst human development indicators in the world, highlighting that the system is failing them in securing their personal rights, as well. There is work to do across the legal system, as well as within specific domains of women’s lives, to ensure that women and men, who are governed by social norms that define their roles and relationships, enjoy the same rights and are equally protected under the law. Some reforms are immediately obvious, others will require analysis, dialogue, and consensus to design and enact them. Laying out the issues and potential solutions, as in this report, is a first step.