Published: November 4, 2024
The 1986 Liberian Constitution was adopted on 6 January 1986, replacing the 1847 Constitution that had been suspended in 1980. The 1986 Constitution guarantees the rights of all Liberians, regardless of their background, tribe and religion and establishes a democratic society.
The constitution protects fundamental rights such as the right to liberty, life, and property, as well as the right to equal protection under the law. It also prohibits slavery and forced labour. The constitution guarantees equality for all people, regardless of race, gender, origin, political party, or creed. It aims to strengthen national unity and integration and encourages citizens to participate in government (see Article 1). The president is the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces of Liberia. The Constitution provides for periodic elections so that the people of Liberia can freely elect their leaders. It is organized into chapters, including the structure of the state, fundamental rights, the Legislature, the Executive, the Judiciary, etc. Article 56 of the Constitution indicates that:
- “All cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls, superintendents of counties and other government officials, both military and civilian, appointed by the President pursuant to this Constitution shall hold their offices at the pleasure of the President.
- There shall be elections of Paramount, Clan, and Town Chiefs by the registered voters in their respective localities, to serve for a term of six years. They may be re-elected and may be removed only by the President for proved misconduct. The Legislature shall enact laws to provide for their qualifications as may be required.”
Members of the House of Representatives were reminded by a communication from Nimba County District # 3 Representative, Nehker Gaye. Rep. Gaye who claimed that “the prolonged delay in conducting such elections violated Article 56 B of the 1986 constitution”. According to him and this writer agrees that “the law provides that there shall be elections of Paramount, Clan, and Town Chiefs by the registered voters in their respective localities, to serve for a term of six years, and that they may be re-elected and may be removed only by the President for proved misconduct”. This action was in the right direction and the National Legislature must take it seriously through an affirmative action. It has been 21 years since the end of Liberia’s Civil War.
To the best of my recollection, Liberian has not held any chieftaincy elections since the end of the Civil War in 2003 that witnessed the arrival of ECOMIL which later became UNMIL, the largest UN Peace keeping troops globally then. The fulfilment of the Constitution assures democratic governance. It guarantees peace, security, and national unity. The basic unit of any society is the family. Families in Liberia have their roots from villages, quarters, towns, clans, chieftaincies, districts, and counties. The national traditional structures are organized in ways that accommodate for Quarter Chiefs, Town Chiefs, Clan Chiefs, and Paramount Chiefs. Once these traditional structures are effectively organised; they will help support the county and national government to preside over the state substructures and regulate the Republic in a decentralised and acceptable manner. AS I SEE IT, Liberia’s acceptable cultural or traditional values could gain prominence and be upheld. I can recall that back in 2004/2005 we formed part of a research team sponsored by UNDP through a national NGO called RECEIVED that undertook a research project on the traditional forms of peacebuilding in Liberia. That research found out that the traditional structures of the state, which help to build and keep peace locally and nationally. have broken down. That research also found that intermarriage can promote peace and curb national, tribal cultural and religious tensions and existential conflicts in Liberia. Without doubt, all chiefs around the country are acting. They are not elected in line with Article 56B of the Constitution.
AS I SEE IT, after electing a new national government in 2023; this is another opportunity for the government to restore an elected national structure in line with the Constitution of the Republic. Constituting this community-based leadership structure will not only help the leadership and governance of local communities, but also, support the national government to lead legitimately. The National Legislature needs to ensure that these local elections are held across the country to help resolve the crisis of legitimacy. Liberia needs elected chiefs in the villages, towns, clans, chiefdoms, districts, counties, and country at large. By so doing, Liberia would have a constitutionally recognised national and local constitutional authority. The National Government with its authority will not be every where but these locally elected traditional authorities will be there to administer and lead the local communities. The National Legislature must ensure that the National Elections Commission appear before its relevant budget committees to present and discuss the budget for these elections and put this in the National Budget for the Executive to sign. The Liberian Immigration Service (LIS) is present at 40 of the 173 entry points around Liberia. Undoubtedly, these local authorities have also been keeping the borders and entry points intact. They help to keep law and order as well as build or and make peace.
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