| For a summary of Liberia’s review at the first cycle please click here. |
22nd UPR session
Date of review: 4 May 2015
Date of report adoption: 13 July 2015
Document number: A/HRC/30/4
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SUMMARY SOGIESC issues during Liberia’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
5. JS3 recommended that the National Constitution Review Committee include issues affecting sexual minorities in its review process of the Constitution and propose amendments to the Constitution that strengthens the protection of women rights, people living with HIV/AIDS, LGBTI, and sexual minorities recognizing the human and sexual rights of all citizens.
6. JS3 noted that the Penal Code criminalized “voluntary sodomy” by same-sex couples but not by opposite-sex couples and specified the penalties for violating the prohibition of voluntary sodomy as follows: sections 50.7 and 50.9 provide that a person convicted of a misdemeanour of the first degree may be sentenced “to a definite term of imprisonment to be fixed by the court at no more than one year,” and to pay a fine of up to LBR$ 1,000.9 JS3 added that the Penal Code 14.2 sodomy law could be employed to frame and blackmail sexual minorities and it recommended repealing this law.
7. JS4 reported that the Parliament was currently debating two proposed bills on further criminalizing sexual orientation. JS3 stated that if these two bills were passed into law, same sex relationships would become a crime in Liberia.
Institutional and human rights infrastructure and policy measures
12. JS3 recommended that Liberia continue to strengthen the capacity of the INHRC, the National AIDS Commission and the Ministry of Justice to investigate cases of discrimination and abuse, including of sexual minorities, and take punitive action where parties are found in violation of the law.
13. JS3 recommended that Liberia establish an accountability mechanism by creating a “people living with HIV/AIDS; Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) and other sexual minorities Desk” within the INHRC. This Desk should develop sexual orientation policies to protect women, girls, and boys; people living with HIV/AIDS; LGBTI; and other sexual minorities as well as to promote policies that will enable the legal system and the judiciary to abide by the International Covenant on Civil and Political Rights for all citizens.
Equality and non-discrimination
22. JS3 stated that since the end of 2011, after the national elections, there had been records of increased violations and human rights abuses of persons because of their actual or perceived sexual orientation or gender identity. According to JS3, sexual orientation is currently used discriminatorily as a mean to prevent sexual minorities from running for public office or holding position in Government. JS3 also noted that the religious groups had attributed the spread of Ebola virus to the existence of homosexuals and members of the LGBTI community.
23. JS3 recommended that Liberia develop non-discrimination policies promoting diversity and equality regarding sexual orientation and gender identity in work places. It also recommended that individuals or groups of people be held accountable for on-going discrimination and abuses within law enforcement agencies and health care delivery services. There should be zero tolerance for discrimination, torture, blackmail, theft, extortion, or other hate crimes without full accountability. Finally, JS3 recommended that all patients regardless of their sexual orientation be treated with respect and dignity, without any form of discrimination.
24. ISHR also recommended that Liberia condemn discrimination, including on the basis of sexual orientation and gender identity.
Right to life, liberty and security of the person
33. JS3 noted that serious abuses resulting from harmful traditional practices continued to occur, due in part to the absence of laws banding such act. These included female genital mutilation, early marriages, and traditionalist not recognizing sexual behaviours amongst same sex loving gender. JS3 recommended that legislations be passed to ban harmful traditional practices
Freedom of expression, association and peaceful assembly
66. ISHR stated that LGBT activists such as Archie Ponpon had faced violent reactions from the public because of their activism. His mother’s home was set alight in February 2012 and she has been in hiding since then. Mr. Abraham Kamara was also reportedly stoned and attacked by angry students at the University of Liberia.
Right to health
74. JS3 stated that the impact of the Ebola crisis on people living with HIV/AIDS, LGBTI and sexual minorities was noticeable, as there had been a breakdown in the health care delivery system with limited or no alternative measures to services, especially treatment.
75. JS3 noted that one solution to dealing with the issue of limited full services to women health, people living with HIV/AIDS, LGBTI, sexual minorities, and other key populations was for the Liberia Initiative for the Promotion of Rights, Independence, Diversity, and Equality (LIPRIDE) to establish a safe house. According to JS3, a safe house will resolve many issues and problems associated with prevention, care provision, examination and treatment for HIV and other sexual infections.
II. Excerpts on SOGIESC issues from the national report
14. […] Ebola survivors, their families, and health workers face stigmatization and discrimination, and constitute an emerging vulnerable group in need of human rights protections. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons are also at increased risk, as public sentiment blamed Liberia’s supposed tolerance of homosexuality for the advent of Ebola.
Protection and promotion of the rights of vulnerable groups (Recommendations 77.38–77.39, 77.67–77.70)
63. The Republic of Liberia is committed to protecting and promoting the rights of vulnerable groups including, but not limited to, women, children, the elderly, refugees, persons with disabilities, persons living with HIV/AIDS, and LGBTI persons. The Agenda for Transformation and the National Human Rights Action Plan both make provisions for the protection of vulnerable groups as an area of national priority. The Government has also established and supported a number of ministries and agencies dedicated to addressing the interests of vulnerable groups, including the Ministry of Gender, Children, and Social Protection, the Liberian Refugee, Repatriation, and Resettlement Commission (LRRRC), the National Commission on Disabilities, and the National AIDS Commission (NAC).
66. Based on consultations with key stakeholders from a variety of government institutions, the INCHR, and civil society organizations, the following areas were identified as key national human rights priorities: […] Continue to promote and protect the rights of vulnerable groups, including women, children, the elderly, refugees, persons with disabilities, persons living with HIV/AIDS, and LGBTI persons […].
III. Excerpts on SOGIESC issues by UN agencies
Constitutional and legislative framework
6. In 2012, the Office of the United Nations High Commissioner for Human Rights (OHCHR) was concerned about the draft legislation before the House of Representatives, which proposed an amendment to the Penal Code that broadly criminalized homosexual behaviour. OHCHR added that an amendment to the Domestic Relations Law, explicitly prohibiting same-sex marriage, was also proposed.
Freedom of expression and peaceful assembly
54. OHCHR was concerned about the atmosphere of intimidation and violence against LGBT activists, as well as reports of attacks against them.
IV. References to SOGIESC issues during the Working Group review
46. Ireland […] expressed concern regarding prolonged pretrial detention and poor detention conditions, sexual and gender-based violence, female genital mutilation, and intimidation and violence on the basis of sexual orientation or gender identity.
70. Poland […] was concerned about the insufficient measures taken to eliminate violence against children, the reports of discrimination against and harassment of members of minorities, and violence against lesbian, gay, bisexual and transgender (LGBT) activists.
V. Conclusions and/or recommendations
Liberia accepted the following recommendations:
100.72 Implement provisions in the National Human Rights Action Plan for the protection of vulnerable individuals, including children, persons with disabilities, persons with albinism, LGBT persons, and persons diagnosed with HIV/AIDS (United Kingdom of Great Britain and Northern Ireland);
100.121 Condemn discrimination, particularly that based on sexual orientation and identity (Madagascar); 100.123 Combat all forms of discrimination and abuse against LGBTI persons (Italy).
Liberia noted the following recommendations:
100.75 Amend discriminatory provisions based on sexual orientation or gender identity, in particular with regard to equality of access to services and public office (Uruguay);
100.76 Consider decriminalizing consensual same-sex relations (Brazil);
100.77 Repeal the legal provisions which criminalize LGBT persons (France);
100.78 Revoke the law criminalizing consensual sex between adults of the same sex (Poland);
100.79 Repeal the existing discriminatory regulation in its domestic law against the LGBT community (Spain);
100.80 Repeal 14.74 of the Penal Code and take all necessary legislative and other measures to eliminate discrimination and violence on the basis of sexual orientation or gender identity (Ireland);
100.81 Repeal sections of the Penal Code that criminalize sexual activities between consenting adults of the same sex and withdraw the two bills currently before the House of Representatives that would further criminalize same-sex relations (Canada);
100.82 Take legislative and policy measures to prevent and fight violence and to combat discrimination on the ground of sexual orientation and gender identity (Colombia);
100.122 Ensure to LGBTI persons the full enjoyment and equal treatment of their human rights by derogating norms that criminalize and stigmatize them (Argentina).
VI. Further information
You will find all documents relating to Liberia’s second review at UPR-Info and OHCHR’s websites.