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  • Cited by 2
  • Print publication year: 2018
  • Online publication date: February 2018

6 - The Police: Laws, Prosecutions and Women's Rights in Liberia

from Part II - Law and Order

Summary

Of all the formal institutions that make up a state, the rule of law and the police designated to enforce it are two of the most important (Stromseth 2008). The rule of law matters for the capacity of the state to ensure security and order, but also for maintaining a sense of equality among citizens. After all, it is by receiving legal privileges or punishments that many individuals get ahead or fall behind in life; the African elite has been formed, in part, through the selective implementation of rules and laws by the judiciary and police. Indeed, despite the central importance of the system of law and the police, public perception of the police and judiciary is mostly negative (Armah-Attoh et al. 2007). Underfunded and poorly trained, the police are often viewed as part of the problem rather than as a solution (Richmond and Alpin 2013). Thus, if any part of the African state conforms to the ‘institutionless’ school described in Chapter 1, it would be the police. This chapter considers the implementation of the rule of law in Africa with respect to one of the areas in which citizens’ formal rights are most often overlooked – sexual violence in post-conflict countries. In doing so, it highlights the many ways in which the police fail vulnerable girls and women, but also demonstrates that even in the most unlikely of contexts the formal institutions of the state can be made to work in order to deliver better outcomes for marginalised groups.

Sexual violence, and other forms of violence against women (VAW), occurs before and during conflict and does not cease in its aftermath. Instead, women continue to be victimised after wars have ended. The United Nations (UN), which has spearheaded the post-conflict peacebuilding effort in several African countries, has underscored the role of police in preventing this violence and in enforcing the relevant laws to ensure the prosecution of offenders (United Nations Women 2011). Prevention and enforcement are important for women's security and their wellbeing as sexual violence has physical, psychological, social and economic effects on the lives of victims. Police enforcement of rape and other sexual violence laws also indicates a strengthening of the rule of law and a strong rule of law is critical for building sustainable peace in the aftermath of conflict (Stromseth 2008).

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Aboagye, Festus. A., and Rupiya, Martin R.. 2005. ‘Enhancing Post-conflict Democratic Governance through Effective Security Sector Reform in Liberia’ in Aboagye, Festus A. and Bah, A. (eds.), A tortuous road to peace: The dynamics of regional, UN and international humanitarian interventions in Liberia, South Africa: Institute for Security Studies: 249–280.
African Women and Peace Support Group. 2004. Liberian women fighting for the right to be seen, heard and counted, New Jersey: Africa World Press.
Akpan, M.B. 1973. ‘Black imperialism: Americo-Liberian rule over the African peoples of Liberia, 1841-1964’, Canadian Journal of African Studies 7, 2: 217–236.
Alemika, Etannibi E.O. 2009. ‘Police practice and police research in Africa’, Police Practice and Research 10, 5–6: 483–502.
Amnesty International. 2010. ‘I Can't Afford Justice: Violence against Women in Uganda Continues Unchecked and Unpunished’, accessed 5 September 2017. www.amnesty.org/en/documents/AFR59/001/2010/en/.
Andersen, David M. and Killingray, David (eds.). 1992. Policing and decolonisation: Nationalism, politics and the police, 1917–1965, Manchester: Manchester University Press.
Armah-Attoh, Daniel, Gyimah-Boadi, E, and Chikwanha, Annie Barbara. 2007. ‘Corruption and Institutional Trust in Africa: Implications for Democratic Development’, Afrobarometer Working Paper No. 81.
Bacon, Laura. 2012. ‘Building an inclusive, responsive, national police service: Gender-sensitive reform in Liberia, 2005-2011’, Innovations for Successful Societies, accessed 5 September 2017. https://successfulsocieties.princeton.edu/publications/building-inclusive-responsive-national-police-service-gender-sensitive-reform-liberia.
Baker, Bruce. 2009. ‘Resource constraint and policy in Liberia's post-conflict policing’, Police Practice and Research: An International Journal 11, 3: 184–196.
Bayley, David H. 2001. Democratizing the police abroad: What to do and how to do it, Washington, D.C.: National Institute of Justice.
Beek, Jan, and Gopfert, Mirco. 2012. ‘Police violence in West Africa: Perpetrators’ and ethnographers’ dilemmas’, Ethnography 14, 4: 447–500.
Comprehensive Peace Agreement. 2003. ‘Peace Agreement between the Government of Liberia (GOL), The Liberians United for Reconciliation and Democracy (LURD), The Movement for Democracy in Liberia (MODEL) and the Political Parties’, Accra, Ghana.
Friedman, Jonathan. 2011. Building civilian police capacity: Post-conflict Liberia, 2003–2011, Princeton, NJ: Innovations for Successful Societies, accessed 5 September 2017. http://successfulsocieties.princeton.edu/sites/successfulsocieties/files/Policy_Note_ID176.pdf.
Hills, Alice. 2008. ‘The dialectic of police reform in Nigeria’, Journal of Modern African Studies 46, 2:215–234.
Hills, Alice. 2014. ‘Does police work need a police institution? The evidence from Mogadishu’, Policing and Society: An International Journal of Research and Policy, DOI: 10.1080/10439463.2014.942854.
Hills, Alice. 2012. ‘Lost in translation: Why Nigeria's police don't implement democratic reforms’, International Affairs 88, 4: v739–755.
Hills, Alice. 2007. ‘Police commissioners, presidents and the governance of security’, Journal of Modern African Studies 45, 3: 403–423.
Human Rights Watch. 2004. ‘How to fight, how to kill: Child soldiers in Liberia’, Human Rights Watch.
Human Rights Watch. 2013. ‘No money, no justice: Police corruption and abuse in Liberia’, Human Rights Watch.
Isser, Deborah H., Lubkemann, Stephen C., and N'Tow, Saah. 2009. ‘Looking for justice: Liberian experiences with and perceptions of local justice options’, Peaceworks, Washington, D.C.: United States Institute of Peace.
Ivković, Sanja Kutnjak, and Sauerman, Adri. 2015. ‘Threading the thin blue line: Transition towards democratic policing and the integrity of the South African Police Service’, Policing and Society: An International Journal of Research and Policy 25, 1: 25–52.
Johnson Sirleaf, Ellen. 2006. ‘Liberia's gender-based violence national action plan’, United Nations Population Fund, accessed 5 September 2017. www.fmreview.org/sites/fmr/files/FMRdownloads/en/FMRpdfs/FMR27/21.pdf.
Marenin, Otwin. 2009. ‘The futures of policing African states’, Police Practice and Research: An International Journal 10, 4: 349–363.
Marenin, Otwin. 1982. ‘Policing African states: Toward a critique’, Comparative Politics 14, 4: 379–396.
Mayamba, Thierry Nlandu. 2013. Building a police force “For The Good” in DR Congo: Questions that still haunt reformers and reform beneficiaries, Sweden: The Nordic Africa Institute.
Ministry of Gender and Development. 2006. National gender-based violence plan of action: A multi-sectoral plan to prevent and respond to GBV in Liberia’. Monrovia, accessed 5 September 2017. http://evaw-global-database.unwomen.org/-/media/files/un%20women/vaw/full%20text/africa/liberia%20national%20gbv%20plan%20of%20action%202006.pdf.
Medie, Peace A. 2013. ‘Fighting gender-based violence: The Women's Movement and the enforcement of rape law in Liberia’, African Affairs 112, 448: 377–397.
Medie, Peace A. 2012. Police behavior in post-conflict states: Explaining variation in police responses to domestic violence, internal human trafficking, and rape, University of Pittsburgh (Unpublished dissertation).
Medie, Peace A. 2017. ‘Rape Reporting in Post-Conflict Côte d'Ivoire: Accessing Justice and Ending Impunity’, African Affairs (Online first) DOI: https://doi.org/10.1093/afraf/adx008.
Medie, Peace A. 2015. ‘Women and postconflict security: A study of police response to domestic violence in Liberia’, Politics & Gender 11, 3: 478–498.
Osse, Anneke. 2014. ‘Police reform in Kenya: A process of “meddling through”’, Policing and Society: An International: Journal of Research and Policy, DOI: 10.1080/10439463.2014.993631.
Richmond, Samantha and Alpin, Carmen. 2013. ‘Governments falter in fight to curb corruption: The people give most a failing grade’, Afrobarometer, accessed 5 September 2017. http://allafrica.com/download/resource/main/main/idatcs/00071695:1c3980da77919c41b6398cf281ac948b.pdf.
Ruteere, Mutuma. 2011. ‘More than political tools’, African Security Review 20, 4: 11–20.
Seelinger, Kim Thuy. 2015. ‘Domestic accountability for sexual violence: The potential of specialized units in Kenya, Liberia, Sierra Leone and Uganda’, International Review of the Red Cross 894: 1–26.
Stromseth, Jane. 2008. ‘Post-conflict rule of law building: The need for a multi-layered, synergistic approach’, William & Mary Law Review 49, 4: 1443–1471.
Swiss, Shana et al. 1998. ‘Violence against women during the Liberian Civil Conflict’, Journal of the American Medical Association 279, 8: 625–629.
Tankebe, Justice. 2008. ‘Colonialism, legitimation and policing in Ghana’, International Journal of Law, Crime & Justice 36, 1: 67–84.
Tankebe, Justice. 2011. ‘Explaining police support for the use of force and vigilante violence in Ghana’, Policing and Society: An International Journal of Research and Policy 21, 2: 129–149.
Tankebe, Justice. 2013. ‘In search of moral recognition? Policing and eudemonic legitimacy in Ghana’, Law & Social Enquiry 38, 3: 576–597.
Tankebe, Justice. 2010. ‘Public confidence in the police: Testing the effects of public experiences of police corruption in Ghana’, British Journal of Criminology 50, 2: 296–319.
United Nations Mission in Liberia. 2007. Office of the gender adviser UNMIL: Contribution to the secretary general's report on UNSCR 1820, accessed 28 April 2012. http://ctrl.dreamhosters.com/SST/Reseacrh/UNMIL/InputtoSGReportonUNSCR1820.pdf.
United Nations Mission in Liberia. 2008. ‘Research on prevalence and attitudes to rape in Liberia September to October 2008’, UNMIL Legal and Judicial Support Division.
United Nations Women. 2011. ‘Progress of the World's Women: In Pursuit of Justice’, accessed 5 September 2017. http://progress.unwomen.org/en/2015/pdf/UNW_progressreport.pdf.
Vetten, Lisa. 2008. Tracking justice: The attrition of rape cases through the criminal justice system in Gauteng, Tshwaranang Legal Advocacy Centre, the South African Medical Research Council and the Centre for the Study of Violence and Reconciliation, accessed 5 September 2017. www.csvr.org.za/docs/tracking_justice.pdf.
Women and Children Protection Section. 2011. Liberia National Police: Background. Unpublished, copy in possession of author.
Women and Children Protection Unit. Undated. Training manual: Investigation of sexual abuse and exploitation in Liberia. Unpublished, copy in possession of author.