National Prison Reform Bill Passed by Liberian House of Representatives

I am pleased to report that on 28 April 2011, almost one year since I left Liberia, the Liberian House of Representatives passed the National Prison Reform Bill into law. The Bill aims to institute drastic reform to Liberia’s criminal justice system. Saar Gbollie (pictured), Representative of Margibi County and lead sponsor of the Bill, hailed the breakthrough, claiming that “it was a giant step [...] and history will be kind to us for ensuring a major reform in the criminal justice system of our country”.

It has been a long journey and one which included many hurdles along the way. At the time of my departure from Liberia, the Legal Prison Reform Working Group (“LPRWG”), of which I was a founding member, had just completed its work in drafting most sections of the Bill. We had spent considerable time working with a wide range of stakeholders who work in the Liberian corrections system. After each new consultation, we would update the draft Bill in line with their concerns and ideas. The day before I left Liberia to return to the UK, the Bill was submitted to the Minister of Justice for her consideration.

Almost one year later, and after a host of further stakeholder and political consultations including a report by the House Joint Committee on National Security and Judiciary, the National Prison Reform Bill was passed by the House of Representatives, with nineteen votes in favour, zero against and one abstention. The Bill will now be sent to the Senate for concurrence after which it will be sent to President Ellen Johnson-Sirleaf for signing into law.

Some of the key changes which will be implemented by the National Prison Reform Bill include:

- Setting a clear set of principles governing the detention of inmates including:
o the affirmation of respect for the fundamental human rights of inmates including the prohibition on torture, cruel, inhuman or degrading treatment;
o a commitment that life in detention should approximate as closely as possible the positive aspects of life in the community; and
o a commitment that detention should be managed so as to facilitate an inmate’s reintegration back into society.

- Mandating the separation of different groups from each other when in detention, most importantly detainees from convicted persons, and juveniles from adult inmates.

- Introducing voluntary individually tailored rehabilitation plans for convicted persons, which should, as far as applicable, include work, education, recreational activities and preparation for release.

- Setting improved standards of accommodation, clothing, food, water, hygiene and health for correctional institutions.

- Introducing new labour opportunities for inmates whilst in detention.

- Setting clear and transparent admission and release procedures as well as record-keeping standards for all information stored by corrections institutions.

- Establishing the National Bureau of Corrections as a semi-autonomous Bureau under the direction of the Ministry of Justice and reorganising the structure of the existing Bureau by:
o creating new Assistant Commissioner roles to reflect areas of real need for inmates such as institutional programs and services, probation and parole, and prison farms;
o introducing a National Corrections Advisory Board to advise the President on any aspect of the management and functioning of the Bureau;
o introducing a transparent and structured career path for uniformed and civilian personnel who work at corrections institutions; and
o introducing Local Advisory Committees to foster public participation in the corrections process by carrying out monitoring, complaints and advisory functions at the local corrections level.

While news of the Bill’s passage into law is extremely welcome, the real challenge for Liberia’s corrections system begins now. It is imperative that the standards, projects and structures set out in the Bill are implemented in the months ahead. The challenge is considerable and will no doubt meet many hurdles and frustrations; however, with the Liberian government’s extremely receptive attitude towards the civil society community, I am hopeful that progressive change is now possible for the inmates of Liberia’s corrections institutions. One day, I hope to return to see if I am proved right.