MONROVIA, Montserrado – A new report meant to contribute to the reduction of violence, discrimination, inequalities, and exclusion experienced by people of diverse sexual orientation and gender identity has been launched in Liberia.
The report, which is a participatory review and analysis of the legal, social, and human rights environment for people of diverse sexual orientation and gender identity, is highlighting laws in the country that are discriminatory against such persons.
It was launched in Monrovia on Thursday, November 12 by the United Nations Office of the High Commissioner for Human Rights and the United Nations Development Fund in collaboration with the Independent National Human Rights Commission and the Liberia Initiative for the Promotion of Rights, Identity, Diversity, and Equality.
According to the U.N. Human Rights Office, the launch of the report was intended to officially present and validate the findings and recommendations on key human rights challenges experienced by lesbian, gay, bisexual, and transgender people.
The report highlighted Liberia’s discriminatory laws, including Section 14.74 of the Penal Law of 1978 that criminalizes “voluntary sodomy.” The law considers “voluntary sodomy” as a first-degree misdemeanor, with a penalty of up to one-year imprisonment, with sodomy being defined as “deviate sexual intercourse” between human beings.
In Liberia, there is no law specifically criminalizing homosexuality, but there is a law against deviate sexual intercourse, which may not only be difficult to prove if it occurs between two consenting adults, but it also could include a host of sexual acts that even heterosexual individuals often engage in.
The current vice president, Jewel Howard-Taylor, while serving as senator, introduced legislation in 2012 to make same-sex relations a first-degree felony with a maximum punishment of death. In the same year, Lofa’s third district representative, Clarence Massaquoi, also introduced a similar bill to make the practice a second-degree felony. None of those measures passed in the legislature.
Despite the struggle by the country’s LGBT community for equality, their sexual diversity is widely seen as a contrast to the country’s culture.
Members of the community have continued to complain of being denied basic treatment and other healthcare delivery services by health workers sometimes refuse to give them treatment.
According to the U.N. Human Rights Office, the intolerant legal provisions on the country’s law books also have a wider social effect by creating a permissive environment for discrimination, harassment, intimidation, and violence against people of diverse sexual orientation and gender identity.
The report additionally highlights that people face discrimination in employment, health, housing, education, and access to essential services based on their real or perceived sexual orientation or gender identity.
“The report also notes the threat of arbitrary arrest and detention faced by LGBT people, and that many complainants have faced antagonism and intimidation from law enforcement officials when trying to report attacks,” the release added.
“The report notes negative political and public perceptions, as well as incitement to hatred or violence towards the LGBT community, including in media coverage. This results in many LGBT people in Liberia living in isolation and fear of being shunned by family and community.”
The report welcomes the fact that the National Human Rights Action Plan and the National HIV and AIDS Strategic Plan refer to people of diverse sexual orientation and gender identity but calls for stronger legal and policy measures to protect individuals from violence and discrimination based on their sexual orientation and gender identity.
Representatives of the government, civil society organizations, members of the LGBT community, and international partners attended the launch ceremony. Photo: OHCHR
A number of recommendations coming out of the report include for Liberia to implement its international and regional human rights obligations, including to review the penal code and repeal section 14.74; to protect persons from violence and discrimination based on sexual orientation and gender identity; to ensure prompt and effective investigations and provide adequate remedy and protection for victims and witnesses of homophobic and transphobic violence and ill-treatment; to ensure people are not arrested based on their actual or perceived sexual orientation or gender identity and to prioritize training for law enforcement officials, the judiciary and health care personnel on human rights of persons of diverse sexual orientation and gender identity.
Other recommendations of the report include the sensitization of traditional leaders, district commissioners, government employees, law enforcement officials, the judiciary, the media, and others concerning the adverse effects of homophobic and transphobic discrimination, violence, and exclusion. It also highlights that human rights defenders should be allowed to do their work on these issues without fear of threats, harassment, or restrictions.
Featured photo by OHCHR
