The National Civil Society Council of Liberia (NCSCL) and its membership-based Human Rights Coalitions say they are sharply alarmed by the decision of President Joseph N. Boakai to suspend the Chairperson of the Independent National Commission on Human Rights (INCHR), Cllr. Dempster Brown. The Council observed that the decision violates Article 20(a) of the 1986 Constitution of Liberia, which guarantees that “no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with due process of law.” The indefinite suspension of the Chairperson without judicial determination, according to the council, contravenes this Constitutional safeguard.
Furthermore, the NCSCL said the decision directly breaches Section 20(2) of the INCHR Act of 2005, which provides that “no organ of State shall interfere with, hinder or obstruct the Commission, any Commissioner or the employee thereof in the exercise or performance of its, his or her powers, duties and functions.” According to the group, the Act contains no provision authorizing the President to suspend a Commissioner indefinitely or to appoint an Acting Chairperson; instead, Section 15 of the Act (“Replacement or Dismissal of Commissioner”) stipulates that dismissal may only occur for cause proven through a competent court of law, thereby ensuring independence and due process.
The Coalition said it further finds it even more appalling that the President appointed an Acting Chairperson when Article IX, Section 5 of the INCHR Act clearly provides that “The Commissioners shall elect a Vice-Chairperson for the Commission from among themselves by a two-third majority vote.” This provision deliberately establishes the Vice-Chairperson as an officer elected by the Commissioners themselves, not appointed by the President. The electoral mechanism ensures that leadership continuity is determined internally by the Commission, consistent with the Paris Principles of the UN General Assembly, which require national human rights institutions to be independent and free from executive interference.
In a release issued recently, the Council further noted that the appointment of Commissioner Fahnbulleh, himself a complainant against Chairperson Brown, creates a serious conflict of interest. Principles of justice and fair play prohibit a person from exercising authority in a matter where they have a personal interest. “While the Acting Chairperson may not formally adjudicate the complaint, he exercises significant authority over the Commission’s affairs, including decisions that could affect the disposition of the complaint. This undermines impartiality and creates the appearance of injustice, partiality, and political motivation.
“The NCSCL therefore calls on the President to revoke the appointment of Mr. Fahnbulleh as Acting Chairperson and permit the Vice-Chairperson to assume the role in accordance with Article XI, Section 7 of the INCHR Act. Additionally, the Council insists that the investigation of the suspended Chairperson must be conducted in strict adherence to due process of law, consistent with Article 21(a) of the Constitution, which guarantees the right to a speedy and public hearing before an impartial tribunal. “Civil society organizations working on human rights issues will not cooperate with a process that falls short of these standards. The Council calls on the Global Alliance of National Human Rights Institutions (GANHRI), the Network of African National Human Rights Institutions (NANHRI), and international partners to ensure that Liberia’s Human Rights Commission remains securely independent, consistent with its Act and the Paris Principles,” the NCSCL press release noted.
