Despite Liberia’s ratification of the UN Convention Against Torture (UNCAT) and its Optional Protocol (OPCAT) in 2004, torture remains insufficiently addressed in domestic law. The National Anti-Torture Act of 2011, which seeks to incorporate these international commitments into national legislation, remains unenacted.
Torture remains an ongoing threat in Liberia’s detention and law enforcement systems, enabled by a legal gap in criminal law. Article 21(e) of the 1986 Constitution prohibits torture in principle, but this is not supported by a comprehensive legal framework that defines, punishes, or prevents torture—or provides for victim redress. The UNCAT obliges Liberia to take concrete legislative, judicial, and administrative steps to eliminate torture. The absence of a dedicated anti-torture law limits the country’s ability to fulfill this mandate.
This bill is not just a legal formality—it is a constitutional, humanitarian, and international obligation. The legislation clearly defines torture, prescribes penalties, prohibits exceptional justifications, and—critically—provides for the rehabilitation and redress of survivors. The time for legislative action is now.
Why Parliament Must Act
1. Liberia International Obligations Demand It
Liberia ratified:
- The UN Convention Against Torture (UNCAT)
- The Optional Protocol to the Convention Against Torture (OPCAT)
These treaties require clear national laws criminalizing torture, mechanisms for prevention and accountability, and guarantees of redress and rehabilitation for victims. Liberia cannot meet these obligations without enacting this bill.
2. The Constitution Already Sets the Foundation
Article 21(e) of the 1986 Constitution prohibits torture. However, constitutional language alone lacks enforceability without a statutory framework. The Anti-Torture Act: Clearly defines “torture” and “ill-treatment”
- Provides graded penalties (first and second-degree torture)
- Prohibits the use of evidence obtained through torture
- Eliminates “following orders” or “public emergency” as justifications
3. The Law Prioritizes Victims and National Healing
The bill includes a dedicated chapter on rehabilitation and reparation (Chapter VII), ensuring:
Access to medical, psychological, social, and legal support
- State-funded rehabilitation programs in partnership with civil society
- Legal redress through courts and other competent bodies
- Protection of asylum seekers fleeing torture abroad
This is an opportunity for Parliament to show leadership in restoring human dignity and supporting survivors in their path to recovery.
4. Preventing Torture Means Empowering Oversight
The Act provides for the establishment of a National Prevention Mechanism (NPM)—an independent oversight body that will:
- Monitor detention centers
- Conduct confidential interviews
- Recommend systemic reforms
- Ensure access to information and facilities
This aligns with Article 17 of OPCAT and promotes transparency in law enforcement and justice systems.
The Legislative Imperative
As elected lawmakers entrusted with the well-being of all Liberians, Parliament has a duty to:
- Close the legal gap that allows torture to go unpunished
- Enshrine protections that uphold human dignity
- Demonstrate Liberia’s credibility on the global human rights stage
- Empower our institutions to protect the vulnerable
Failure to act sends a message of tolerance for impunity. Action affirms Liberia’s commitment to justice and the rule of law.
Key Features of the Anti-Torture Bill
Component Description
Legal Definition of Torture In line with UNCAT: physical or mental pain intentionally inflicted by authority
Punitive Measures Felony classifications with life imprisonment for severe cases
No Exceptional Defenses War, instability, or orders from superiors are not acceptable Justification
Victim-Centered Focus Right to redress, rehabilitation, and family protection
Independent Oversight Creation of a National Prevention Mechanism with full access and autonomy
Recommendations for Parliament
- Immediately table and pass the National Anti-Torture Act of 2011.
- Ensure funding for the rehabilitation and support of torture survivors.
- Support the operationalization of the National Prevention Mechanism with full legal and financial autonomy.
- Integrate human rights training into the curriculum of security forces and prison officers.
Conclusion
Liberia was among the first African nations to ratify the UNCAT and its Optional Protocol. It is time to honor that leadership by enacting the Anti-Torture Act, protecting victims, and setting a precedent for the region. Parliament has a historic role to play in ensuring that torture has no place in Liberia’s future—and that survivors are not forgotten.
Torture is a crime, not a tool. Healing is a right, not a privilege.
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