The Perspective
Atlanta, Georgia
June 5, 2019

Over the past few weeks, there has been so much information in the media about the decision of some citizens of Liberia under the banner of the “Council of Patriots” to launch a public protest against the Government of Liberia because they are unhappy about the way that Liberia is being governed. The announcement by the COP has generated very heated debates over the legality and timeliness of the protest as well as its potential to undermine the gains made, thus far, in peace-building, national reconstruction, national reconciliation and the process of strengthening of our democracy.

In the wake of the plan by Council of Patriots to hold a protest on June 7, 2019, and the reactions of Government, its functionaries and supporters, the Liberian National Bar Association (LNBA) calls upon both the Council of Patriots and the Government of Liberia to exercise their rights and duties respectively, within the confines of the Constitution of Liberia, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights. The LNBA wishes to point out to the organizers of the protest that the exercise of rights is accompanied by the corresponding duty to respect the rights of others and the law.  

The LNBA notes that these rights, under the current circumstances, include but are not limited to the right to freedom of Assembly, freedom of movement, freedom of speech, freedom of association, freedom of the press, the right to life, the right to own property and the pursuit of happiness. The Constitution of Liberia and international human rights instruments, to which Liberia is a state party, further guarantee the right of citizens to a peaceful assembly. The LNBA lays special emphasis on the word peaceful, not only, because as a professional body its members require a peaceful atmosphere in order to function, but the fact that governance by adherence to the rule of law is impossible in a state of anarchy and chaos.

The LNBA, therefore, wishes to remind the protestors that the only legal scope provided for the exercise of the rights of assembly and movement, including the protest being planned for June 7, 2019, is that it be orderly and peaceful. The LNBA wishes to state categorically and unequivocally that the contemplated protest has to be unconditionally peaceful if it is intended for the common good of the Liberian people.

The LNBA further says that there is no clause in the Constitution that condones, supports or justifies the disruption of the peace of the country or the abortion of the very existence of the Liberian state; hence, neither the Government nor the protest planners should conduct themselves in any manner that will disrupt the peace.

The LNBA further says that globally, protests have been held to draw the attention of governments to pitfalls in governance and to cause political leaders to dialogue and negotiate the way forward for addressing the grievances of protesters. The LNBA calls on the Council of Patriots and the Government to observe similar best practice.  
 
The LNBA welcomes President Weah’s acknowledgment of the rights of the protesters to hold a peaceful assembly as provided for under Article 17 of the1986 Constitution of Liberia, as cited by him during his address to the nation on last Wednesday. The LNBA reminds the President that he took an oath to “support, uphold, protect and defend the Constitution and laws of the Republic of Liberia” and one of such duties is to ensure that the rights of the protestors are respected and protected.

The LNBA maintains that President Weah is required by the dictates of the Constitution to go a step further by not only acknowledging that the protestors have a right to a peaceful protest but to accept  
that it is the duty of the government to provide the requisite security, especially in the wake of comments from some officials of the government and others that they will organize a counter-protest.

The LNBA further points out that as it is done in more advanced societies, those who had earlier announced that they will hold a peaceful protest on June 7, 2019, should be given the preference to carry out their planned protest before any other group desiring to hold a counter-protest can do so.

The Bar says that the Government should brace itself for the potential implications of allowing or instigating simultaneous protests by the pro-government group and the Council of Patriots. The Government has to step up to the plate to ensure that the Police provides or creates a buffer so that anyone with a sinister motive to disrupt the protest or cause a clash among the protestors can be promptly prevented.

In closing, the LNBA reiterates that the greater responsibility of maintaining and preserving Liberia’s hard-won peace rests on the shoulders of President Weah and his government. It is, therefore, incumbent upon the government to exercise due care, be tolerant and cautious in how it deals with the protestors on June 7, 2019. As history has shown, it is often the government’s reaction to protests that causes riot and the destruction of lives and properties.

Equally, the LNBA calls on the organizers of the June 7, 2019 protest, considering the assurances that they have given to the Liberian people and the world that the protest will be peaceful, to muster the courage to resist all temptations and provocations and keep the promise that they have made to the Liberian people and the international community by making sure that the protest starts peacefully, proceeds peacefully and ends peacefully. Also, the LNBA calls on the organizers of the protest and their supporters to pay particular attention to Article 27(2) of the African Charter of Human and People’s Rights which provides “The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality, and common interest.” The failure of the organizers and their supporters to strictly observe this provision of the African Charter could lead to adverse consequences, contrary to their expressed intentions and interests.

In this regard, the LNBA calls on the Council of Patriots to follow the good historic examples of the organizers of the Bring Back the Money Campaign and the Campaign for the establishment of the war and economic crimes court in Liberia. In both mass actions, the objectives of the campaigns gain worldwide publicity because the organizers were well organized, mature and acted within the confines of the law and respect for the rights of others. The LNBA urge the Council of Patriots to do the same.

The LNBA also calls on the Government of Liberia to keep its promise to the Liberian people and the world, that it will protect the rights of the protesters, by resisting every temptation or provocation that may occur during the protest. In this regard, the LNBA reminds the Government to be guided by its duty to uphold the freedom of assembly, freedom of movement, freedom of speech and the right to protection of those rights under articles 17, 13, 15 and 11 of the Constitution of Liberia and government’s international commitment to respect and protect the same rights under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights. The Liberian National Bar Association wishes to make it clear to both the organizers of the protest and the Government that it will denounce in no uncertain terms, any person or group of persons who initiates violence during the protest and seek every avenue for appropriate international sanctions against such person or group of persons.  

The LNBA calls on the Council of Patriots and the Government in the exercise of their rights and duties respectively, to do so in adherence to the rule of law.
Thank you.