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Politics

The Government System of Liberia

Liberia is a country located in the West of Africa and it is bordered with Sierra Leone, Guinea, and the Ivory Coast/Cote d’Ivoire, the country also has a coast along the Atlantic Ocean. Monrovia is the country’s capital city and is found along the coast closest to the Sierra Leone border.  

The history of peoples in West Africa dates far back to ancient times stretching back to the stone age through various indigenous peoples and tribes. The area where Liberia is located today was referred to as the Pepper Coast and Grain Coast by European traders, and has been inhabited by indigenous Africans since at least the 12th Century. The expansion of the Mande-speaking people westward from Sudan, as well as the decline of the Mali and Songhai Empires, and desertification, forced many peoples southward towards the Atlantic coast.  

The peoples from the declining empires brought with them new skills to the area such as cotton spinning, cloth weaving, iron smelting, cultivation of rice and sorghum, as well as social and political practices and institutions. The Mane conquered the area and became the dominant group, other peoples included the Kru, Bassa, Gola, Vai and others.  

Portuguese, Dutch, and British traders and posts were present in the coastal region from the 1460s until at least the 17th Century, bringing some colonization to the region. But large-scale colonization would come from a movement formed in the United States, a movement to settle free people of color, either free born or formerly enslaved, into Africa. The American Colonization Society formed in 1816 mostly made up of Quakers, who believed blacks would find better freedom in Africa, and slaveholders who preferred to repatriate formerly enslaved peoples of color elsewhere to prevent slave rebellions.  

This organisation begun sending people of color to the Pepper Coast in 1822 to establish a colony, thousands of those transported there died from tropical diseases. By 1867 the American Colonization Society had assisted the migration of at least 13,000 people of color from the US and Caribbean to what is today Liberia. These peoples identified as Americo-Liberians and they would marry within their community. Many being mixed race and educated in American culture did not identify well with indigenous tribes they encountered.  

The American Colonization Society convinced many prominent leaders and politicians in the US that repatriation was preferable to just letting emancipated slaves stay in the US. Other organisations from the US also established colonies in what is today Liberia, such as Mississippi-in-Africa, Kentucky in Africa, and the Republic of Maryland which was an independent country for a time before it was annexed into Liberia.  

Furthermore, the poor relations in Liberia between the settlers and the indigenous tribes led to the Kru peoples raiding the colonial settlements, and violent confrontations with tribal Africans become commonplace.  

By 1847 the settlers declared themselves as an independent country called the Republic of Liberia with a Declaration of Independence and Constitution, based on principles of the US constitution. The British were the first to recognise their independence, the US on the other hand did not recognize it until 1862 during the early stages of the American Civil War.  

From independence the Americo-Liberians consolidated their power over the land, maintained relations with the US especially for trade, and passed the 1865 Ports of Entry Act which prohibited foreign commerce with inland tribes as a way to try and encourage growth of civilized values. Later pressure from colonial powers such as the British and French led to the loss of territorial claims by Liberia to Sierra Leone and the Ivory Coast. Liberia also had issues with attracting investment to improve infrastructure and its attempts to create a larger industrial economy.  

Resource extraction remained one of Liberia’s largest economic sectors due to trade. Although there was some concern over the country’s trade with Imperial Germany, the country remained neutral during much of the 1st World War before declaring war on Germany in 1917. Liberia became a founding member of the League of Nations following the war. During the mid-20th Century, the power of the True Whig Party continued to hold its dominance in what were seen as highly rigged elections.  

There were also allegations of modern slavery against Liberia which led to the League of Nations establishing the Christy Commission which found the government was involved in widespread forced or compulsory slavery of mostly minority ethnic groups exploited by enriched well-connected elites. This outcome led to the resignation of the country’s President and Vice-President.  

During World War 2 Liberia greatly benefited from the United States lend-lease program, including major infrastructure improvements to support military efforts in Africa and Europe, by the 1950s the country had the 2nd highest level of economic growth in the world. Liberia became a founding member of the United Nations, and became a proponent of African Independence from colonial powers and a supporter of Pan-Africanism.  

In 1980 the government of Liberia was overthrown in a military coup which killed President William R. Tolbert Jr, followed later by much of the Cabinet being executed as well as Americo-Liberian government officials and True Whig Party members. The leader of the coup Master Sergeant Samuel Doe, part of the Krahn ethnic group who have long feuded with the Americo-Liberians, took control of the country under the People’s Redemption Council. Although critics labeled it as a corrupt and repressive regime, the United States pumped significant financial aid into the regime as they were seen as a strategic Cold War ally.  

By 1985 the country adopted a new constitution and Doe clung to power in subsequent elections internationally viewed as fraudulent. There was a failed coup in 1985, in response troops loyal to Doe committed ethnic massacre of the Gio and Mano ethnic groups. A rebel group called the National Patriotic Front of Liberia launched an insurrection from December 1989 with backing from Burkina Faso and the Ivory Coast leading to the First Liberian Civil War, resulting in Doe’s capture and execution in 1990.  

But the civil war continued as the rebels split up into various factions and begun fighting among themselves, leading to 10s of thousands of deaths and 100s of thousands being displaced. A peace deal was eventually reached in 1995 and led to the election of a new President called Taylor. Under his leadership the country became an international outcast due to blood diamonds and illegal timber being used to fund the losing side of the Sierra Leone Civil War. In 1999 the Second Liberian Civil War would begin when the Liberians United for Reconciliation and Democracy group in the northwest launched an insurrection against Taylor’s government, and in 2003 another rebel group, the Movement for Democracy in Liberia, would begin launching attacks from the southeast.  

Taylor would later be indicted for war crimes by a special court setup by the United Nations and Sierra Leone, and with the rebels reaching Monrovia by July 2003, as well as further popular discontent, Taylor resigned the presidency and fled to Nigeria. A peace deal was signed in September and the UN launched a mission in Liberia to monitor it. Since 2005 the country has held elections regarded as free and fair.  

The country’s official language is English but there are also dozens of ethnic languages as well owing to the dozens of ethnic groups that exist within the multiethnic country, the largest are the Kpelle, followed by the Bassa, Grebo, Gio, Mano, Kru, Lorma, Kissi, Gola, Krahn, Vai and many others. The largest religion is Protestant Christianity, there are also a significant number of Muslims in the country. The currency is the Liberian dollar and the country’s population is over 5,178,490.  

Government Type  

Liberia’s Coat of Arms.

Liberia is a Presidential Representative Democratic Republic where the President is both Head of State and Head of Government and there a bicameral parliament that includes the House of Representatives as the lower house and the Senate as the upper house, making up the legislative government. Multiple parties are allowed.  

The Executive Government  

The Executive Mansion, residence of the President. Photo in Public Domain.

The President is the Head of State and Head of Government. The President is elected alongside a Vice-President who assists the President in their duties. The Vice-President is also by default the President of the Senate.  

Presidential Absence and Vacancy  

If the President dies, becomes incapacitated, is declared unfit, is removed from office, or resigns then the Vice-President ascends to the Presidency and carries out the remainder of the term.  

If the office of Vice-President becomes vacant due to death, resignation, impeachment, inability or any other reason, then the President will nominate a candidate, with backing of both Houses of the Legislature, to be sworn in and hold the office of Vice-President.  

If the Presidency and Vice-Presidency both become vacant at the same time due to death, removal, resignation, inability or other disability, then the Speaker of the House of Representatives is sworn in as Acting President until fresh elections take place to fill the vacancies within 90 days. If the Speaker cannot fill the vacancy the Deputy Speaker does instead and if not them then it goes in order of precedence through the Cabinet.  

Presidential Powers/Duties and the Executive  

As Head of Government that means the President heads the Executive Government. This includes the Vice-President, and the Cabinet. The Vice-President attends the meetings of the Cabinet and other meetings of Government, and performs functions delegated or deemed appropriate by the President.  

The President nominates, and with consent from the Senate, appoints and commissions, cabinet ministers, deputy and assistant cabinet ministers; ambassadors, ministers, consults; Chief Justice and Associate of the Supreme Court, and judges of subordinate courts; superintendents, other county officials, and officials of other political sub-divisions; members of the military from the rank of lieutenant of its equivalent and above; and marshals, deputy marshals, and sheriffs.  

All of the above serve at the pleasure of the President and can be removed at the direction of the President and replaced, replacements must also be confirmed by the Senate.  

The President has the power to remove Paramount, Clan, and Town Chiefs for proven misconduct. Such positions are elected by the people of the respective localities.  

The President conducts foreign affairs and is empowered to conclude treaties, conventions, and similar international agreements with consent of the majority of both Houses of the Legislature.  

Each year the President must present the administration’s legislative program for the ensuing session, and once a year report to the Legislature on the state of the Republic. Presentation of the economic condition of the Republic must cover expenditure as well as income.  

The President holding the prerogative of mercy has the power to remit any public forfeitures and penalties, fines, and sentences, grant reprieves and pardons, and restore civil rights after conviction for all public offenses, excluding impeachment.  

The President can extend a regular session of Parliament beyond the date for adjournment either him/herself or if requested to do so by at least one-fourth of the total membership of each House. The President can also call an extraordinary session of Parliament to act on matters of national emergency or concern, again members of the Parliament can request the same.  

The President is also the Commander-in-Chief of the country’s armed forces.  

Presidential Removal 

The President or Vice-President can be removed from office if they are convicted by a trial in the Senate which takes place if the House of Representatives have passed articles of impeachment against them. This is explained in more detail below under The Legislative Government section.  

The President or Vice-President can be removed from office either for treason, bribery and other felonies, violation of the Constitution, or gross misconduct.  

Emergency Provisions  

A State of Emergency can be declared during extraordinary times that warrant it, such may temporarily suspend certain rights and freedoms and give more power to authorities, the President, and the Government.  

The President may after consultation with the Speaker of the House of Representatives, and the President Pro Tempore of the Senate, proclaim and declare the existence of a State of Emergency in the Republic or any part of it. In accordance with this the President may suspend certain rights and guarantees, and freedoms, and exercise such other emergency powers as may be necessary and appropriate to take care of the emergency.  

A State of Emergency can only be declared where there is a threat or outbreak of war or where there is civil unrest affecting the existence, security, or well-being of the Republic which amounts to a clear and present danger.  

During States of Emergency the President cannot suspend or abrogate the Constitution, dissolve the legislature, suspend or dismiss the judiciary; and no constitutional amendments can be promulgated. If the Legislature is not in session, it must immediately be convened in special session and remain in session during the entire period of the State of Emergency.  

The President must lay before the Legislature immediately following a declaration of a State of Emergency, not later than seven days, the facts and circumstances leading to the declaration. With 72 hours the Legislature by joint-resolution, voted by two-thirds of the membership of each House, decide whether the proclamation of State of Emergency is justified and whether actions taken were appropriate. If the two-thirds is not obtained then the State of Emergency is immediately revoked. The Legislature can at any time revoke a State of Emergency or modify measures taken, the President must immediately act in accordance with the decisions of the Legislature.  

Writ of Habeas Corpus cannot be suspended or violated during States of Emergency.  

The President, before or after a State of Emergency, can order any portion of the country’s Armed Forces into a state of combat readiness in defense of the Republic. All military power must always be held in subordination to the civil authority and Constitution.  

The Legislative Government  

The Capitol Building, meeting place of Liberia’s legislature. Photo by David Stanley from Flickr. CC BY 2.0. Source.

The Legislature of Liberia, made up of the House of Representatives and the Senate, makes up the legislative section of Government. The main purpose of the legislative is to have legislation introduced, debated, possibly amended, and either passed or rejected. Legislation must pass through both houses/chambers to be signed into law.  

Vacancies in the membership of the Houses are replaced in by-elections held within 90-days unless there is a General Election within that time. Each Chamber/House makes its own rules of procedure and a member can be removed in either House by vote of other members with at least a two-thirds majority. The Houses establish their own committees and sub-committees for the effective running of the Houses. Committees on Revenues and Appropriations must consist of one member from each County.  

Bills and resolutions passed go to the President of the Republic to be signed into law but the President can choose to veto a bill, either in whole or part/s, providing the reasons why and sending such and the bill back to the Legislature, for the veto to be overridden the bill must be passed again by both Houses with a majority of at least two-thirds in each. The President can either return the bill with new objections or sign it into law, if the President takes no action the bill will automatically become law anyway.  

The Legislature has a number of powers and responsibilities including ability to create new counties, other political sub-divisions, and re-adjust existing county boundaries. They must also provide for the security of the Republic; provide for the common defense, such as declaring war and authorizing the Executive to conclude peace, raising and supporting the country’s Armed Forces, and make rules for governance of the Armed Forces.  

The legislature constitutes the inferior courts, including circuit courts, claims courts, and such courts with prescribed jurisdictional powers deemed necessary for proper administration of justice throughout the Republic.  

The legislature ensures a census of the population is taken every 10-years.  

The legislature approves treaties, conventions, and other international agreements that are negotiated and signed on behalf of the Republic. They also regulate trade and commerce between Liberia and other countries; establishes laws for citizenship, naturalization, and residence; enacts electoral laws; establishes various categories of criminal offenses and provision of punishment; enact laws for pension scheme.  

The legislature can also levy taxes, duties, imports, exercise and other revenues, borrow money, issue currency, mint coins, and make appropriations for fiscal governance of the Republic… but these powers are subject to the following qualifications: all revenue bills must originate in the House of Representatives, the Senate may propose or concur with amendments. No other financial charge can be established, fixed, laid or levied on any individual, community, or locality, under any pretext except by expressed consent of such individual, community, or locality.  

No monies can be drawn from the treasure except in consequence of appropriations made by a legislative enactment and upon the warrant of the President. No coin can be minted or any national currency issued unless by expressed authority of the Legislature. The Office of the President must submit an annual statement and account of the expenditure of all public monies to the legislature which is published once a year.  

The Government cannot raise loans on behalf of the Republic or guarantees given for any public institutions or authority unless under authority of a legislative enactment.  

And of course, the Legislature also can make other laws necessary and proper for carrying into execution the foregoing powers, all other powers vested by the Constitution in the Government, or any department or officer.  

The Civil Service Commission, Elections Commission, and General Auditing Commission are autonomous and the legislature enacts laws for their governance and create other agencies as may be necessary for the effective operation of Government.  

The House of Representatives 

The House of Representatives is the lower house and it currently has 73 members, this number is fixed by electoral law and the number each county is represented by is determined by population census.  

The House of Representatives also elects a Speaker and Deputy Speaker every 6-years, they preside over the House of Representatives and ensure order and enforcement of House rules. Other officers may also be elected for the proper functioning of the House of Representatives. The Speaker, Deputy Speaker, and any other officers can be removed via resolutions supported by at least a two-thirds majority.  

The House of Representatives has the sole power vested within it to prepare a bill of impeachment, either against the President, the Vice-President, Associate Justice, Chief Justice, or judges. Articles of impeachment passed by the House of Representatives go on to the Senate for trial.   

Senate  

The Senate is the upper house and it currently has 30 members, fixed by electoral law with each county being represented by two senators. The Vice-President of the Republic is President of the Senate by default, presiding over it and ensuring order and enforcement of House rules, they can also cast a tie-breaker, but cannot vote otherwise.  

The Senate also elects a President Pro Tempore every 6-years who presides over the Senate in the absence of the President of the Senate. Other officers may also be elected to ensure the proper functioning of the Senate. The President Pro Tempore and other officers can be removed via a resolution supported by at least a two-thirds majority.  

When the House of Representatives passes articles of impeachment, the Senate holds a trial. If the trial is for the President, Vice-President, or an Associate Justice, then the Chief Justice presides in the Senate. If the trial is for the Chief Justice or a judge, then the President of the Senate presides over the trial. A two-thirds majority is required for conviction, which can be followed up by removing said persons from office and disqualifying them from holding public office.  

It is also the reserved job of the Senate to confirm appointments and commissions of officials nominated and appointed by the President.  

The Electoral System  

Image by Acntx from Wikimedia Commons. CC BY-SA 3.0. Source.

Presidential Elections take place every 6-years and is limited to two terms. These elections are conducted using a two-round absolute majority system where to win in the first round a candidate requires an absolute majority of the vote, if no candidate gets this then a second round takes place between the top two candidates and is won via simple majority.  

The Vice-President is elected on the same ticket.  

Candidates for President and Vice-President must be natural born Liberian citizens who are at least 35-years-old. They must also be the owner of unencumbered real property valued at not less than 25,000 dollars; and is resident in the country for at least 10-years prior to the election, provided the President and Vice-President do not come from the same County.  

Parliamentary elections for the House of Representatives takes place every 6-years and members are elected from single-member constituencies within counties using the first-past-the-post system where a candidate wins via simple majority. Despite this system often being known to deliver single-party majorities, the same is not currently true in Liberia where the Parliament is often hung with numerous parties and Independents obtaining seats, likely due to the multiethnic nature of the country. This means coalitions and cross-party agreements are usually required to pass legislation.  

Parliamentary elections for the Senate are staggered, Senators serve 9-year-terms. Each county elects a senator and then elects a 2nd after 3-years, then there is a 6-year hiatus before the first senator of each county is up for election again, and repeat. Senators are elected also using First-past-the-post. Again, despite mode of election, the Senate is typically hung among numerous parties and Independents.  

Candidates for the House of Representatives must be Liberian citizens living within the respective constituency at least one year before the election and is at least 25-years-old, and be a taxpayer.  

Candidates for the Senate must meet the same requirements as the House of Representatives but in addition be at least 30-years-old.  

To vote in elections one must be a citizen of Liberia who is at least 18-years-old.  

Source  

The source for this blog post comes from Liberia’s 1986 constitution (constituteproject.org) and so should be as up to date as possible but as always there is a chance I missed things or misinterpreted other things and the constitution can always be amended and so this post may eventually become outdated, therefore if using this seriously cross-research is suggested.  

Amendments to the constitution can be proposed by agreement of at least two-thirds of both Houses of the Legislature or by petition of at least 10,000 citizens. Passage of amendments requires at least two-thirds majority approval of both Houses of the Legislature and a further two-thirds majority approval in a national referendum  


Next up will be the government system of Libya, which could potentially be a bit complex due to the ongoing chaos there.

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