National Conference on Enhancing Access to Justice
Addresses Dual Justice Reform

May 1, 2010

From April 15-17, 2010, key actors from both the statutory and customary justice systems in Liberia held important discussions on the way forward for the justice sector, as part of the National Conference on Enhancing Access to Justice in Liberia.

Organized by the Ministry of Justice, the Ministry of Internal Affairs, and the Judiciary, with support from The Carter Center, the conference featured remarks from Her Excellency Madame Ellen Johnson-Sirleaf, president of the Republic of Liberia, and high-level representatives from the three branches of government.  The meeting was also attended by the National Traditional Council.  President Sirleaf's participation marked the first time the president has spoken comprehensively about the dual justice system.

Addressing conference participants, President Sirleaf discussed the harmful practices of both the formal and the customary systems.  She suggested that the formal justice system needed to act in the national interest and added that corrupt and greedy justice officials were undermining the system and that corruption remains a serious problem in Liberia.  Addressing the customary system, President Sirleaf reiterated her commitment to ending harmful traditional practices.  She also took a conciliatory tone whereby she promised to work with traditional leaders to promote access to justice.

Remarks from Justice Kabineh Ja'neh, associate justice of the Supreme Court, and Cllr. Christiana Tah, minister of justice also called on the formal justice system to work with the customary system to enhance access to justice.  Meanwhile, Senator Gloria Musu Scott from Maryland County discussed the recent high profile Cape Palmas ritualistic killings case and urged the formal system to develop better ways to work with the customary system.

Elsewhere, contributors to the Legal Working Group, Saah N'Tow, program manager at John Snow Inc., and Cllr. Deweh Gray, Commissioner of the Law Reform Commission, gave participants an overview of the dual justice system and the findings of the Legal Working Group and government consultations held in preparation for the National Conference.  Government and civil society leaders, including sociologist Sandra Howard; Cllr. Philip A. Z. Banks, chair of the Law Reform Commission; Cllr. David A. B. Jallah, dean of the Law School; and Kamudoni Nyasulu, director of UNMIL Legal and Judicial System Support Division also offered brief presentations before facilitating a conference-wide question and answer session on the current status of the Liberia dual justice system. 

Conference recommendations arose from breakout discussions on distinct aspects of the dual justice system including (1) restorative justice, (2) enhancing customary justice, (3) reform of both systems to enhance access to justice, and (4) measures to enhance the formal justice system. They included a set of guiding principles and specific policy recommendations.  Guiding principles focused on eliminating negative stereotypes, such as dividing the justice sector between "civilized" and "uncivilized" parts, or "formal" and "informal" systems.  Looking to the future, the conference recommended that the two justice systems should be reformed to collaboratively deliver access to justice.  Participants called on the government to expand the reach of the formal system in rural areas, promote increased cooperation between customary and statutory systems, and increase public understanding of both systems. "The post-conference process is being guided by a committee convened by Minister of Justice, Christiana Tah.  It will include finalizing the recommendations, producing a written report, and soliciting feedback from the Ministry of Justice, the Ministry of Internal Affairs and the Judiciary.  This final product will then be presented to relevant institutions to facilitate the process of reform."