The Status Of Gays In The Republic Of Liberia

Note by ILGA: This paper was prepared by Legal Aid Incorporated, a human rights organisation in Liberia. The negative tone is of course not endorsed by ILGA, but it gives an insight into attitudes in Liberia, even within such an organisation. The article was supplied as part of the Swedish Foreign Office/RFSL survey in October 1997.

This paper is an attempt to find out whether or not the Gays (Deviant Sexualists) are recognized to practice their acts in Liberia and that such groups are protected under the Laws of the Republic of Liberia. Findings from this investigation will assist other nationals who visit Liberia and those Human Rights Institutions that operate in the Country and outside of Liberia to understand the status of Gays under the Laws of Liberia.

It is very important to engage in this resourceful exercise, as it is openly known that the laws of other nations of the world permit and protect the rights of such category of people and as such governments of other nations have developed the desire to legally approbate the existence of such group of people.

For the specified concerns of this investigation, it will be limitedly considered within the scope of finding out and discussing the status of such group and to what extent the group is being protected under the Laws of Liberia.

To achieve this intended purpose, the 1976 Revised Liberian Statutes has been delved into for the needed information.

Under the statutes and Constitution of the Republic of Liberia, there is no provision for Gays-homosexuals/lesbians. However, under the Penal Law of Liberia, there is a provision for 'SODOMY', which is considered an offence and is very close to Gays-homosexuals/lesbians from its legal stand.

According to Section 14.72 'AGGRAVATED INVOLUNTARY SODOMY' of the Penal Law of Liberia which provides that:

A person who engages in deviate sexual intercourse with another, or who causes another to engage in deviate sexual intercourse, has committed an offence if:

He compels the other to submit by force or by threats of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being;

He has substantially impaired the other person's power to appraise or control his or her conduct by administering or employing without his or her knowledge intoxicates or other means with the intent to prevent resistance; or

The other person is less the sixteen years of age, provided the actor is sixteen years or older.

Accordingly, the offence is first degree felony if in the course of the offence the actor inflicts serious bodily injury upon the other person, or if his conduct violates paragraph 1)(c) of this Section, or if the other person is not a voluntary companion of the actor and has not previously permitted his sexual liberties. Otherwise, the offence is a second degree felony.

Under Section 14.73 'INVOLUNTARY SODOMY' of the Penal Law, which provides that a person who engages in deviate sexual intercourse with another person, or who causes another to engage in deviate sexual intercourse, has committed a third degree felony if:

He knows that the other person suffers from mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct:

He knows that the other person is unaware that a sexual act is being committed upon him or her;

He compels the other person to submit by any threat that would render a person of reasonable firmness incapable of resisting.

Further to the above, Section 14.74, 'VOLUNTARY SODOMY' of the Penal Law provides that a person who engages in deviate sexual intercourse under circumstances not stated in Section 14.72 or 14.73 has committed a first degree misdemeanour.

Accordingly, Gays (homosexuals/lesbians) are individuals (males/females) who engage in deviate sexual intercourse with their sex mates or members of the opposite sex. Gay, being synonymous or close to Sodomy, is defined by the Penal Law of Liberia, as a deviate sexual activity and is therefore considered an offence under Liberian laws.

From our study, the Liberian society frowns on or rejects such acts for the mere fact that such acts are immoral, unchristian, uncultural and unhealthy.

Unlike Liberia, other countries, most especially in Europe and America recognize and protect the rights of Gays. Maybe, this is due to the fact when a country reaches the peak of development, the norms and values of that country degenerate. This is the case with those countries that recognize Gays.

While it is true that there are Gays in Liberia, such people operate underground. They are believed to be residing in concession areas and cities. Members of the Gay society carry on their activities under the thick curtain of darkness, in secret, for fear that if it becomes public knowledge, they could be arrested, prosecuted, ostracized, ex-communicated and ridiculed by their non-gay friends, families and society at large.

Regrettably, there are few cases reported about gay activities in Liberia, but only at the levels of the Justice of the Peace (JP) Courts and Magisterial Courts and at one time at the chambers of the erstwhile Interim Legislative Assembly (ILA). At the JP and Magisterial Courts, these cases die naturally because of the socio-economic and political status of those involved. For the first time in the history of Liberia, the issue of
Gay-life was publicly raised at the ILA where a presidential nominee was rejected by members of that Assembly because the nominee was allegedly considered to be a renowned Gay.

Gay-life became public knowledge in Liberia due to cultural interaction as people from Europe and America took up assignments in Liberia, including those Liberians who returned from abroad.

Research findings revealed that some of the people who engage in such practice in Liberia, do so for economic, social and political reasons and as a way of climbing the social ladder in society. Interestingly, this practice is prevalent among top public and private officials who entice young people (males/females) to indulge into such habit. On the other hand, others do so to satisfy their sexual desires. Most Gays are drug addicts. Gay life is a latent but strong factor of socialization, assimilation and the acquisition of socio-political status in the Liberian Society.

From our study, it is crystal clear that Gays-homosexuals/lesbians have no rights to carry on such deviant social acts as prohibited under the Statutes and Constitution of the Republic of Liberia.

While it may be true that the Constitution provides for freedom of thought conscience ... which implies that one has the right to engage in those activities that he or she feels are intended to satisfy his or her sexual desire but on the other hand, the same Constitution under Article 14, Paragraph (1) frowns on those things that are inimical to public safety, order, or morals, or health or the fundamental rights and freedom of another. In view of this, Gay life is inconsistent with the Statutes and Constitution of Liberia, and therefore, there is no room for such activities. hence, those who practice such deviant sexual acts (Gay-life) in Liberia are doing so illegally.

This paper is done by LEGAL AID INCORPORATED (LAI), a Human Rights Institution recognized and operating under the laws of the Republic of Liberia. LAI renders services free of charge to the indigenous and poor people in Society. Protects the rights of employees who are unable to retain and pay lawyers for illegal dismissal and unfair labour practices. The Institution also advocates the improvement of the prison compounds and is concerned about providing vocational training facilities in prison compounds as necessary attendant conditions to rehabilitate inmates so as to make them independent, acceptable and useful citizens in Society after serving their term of imprisonment.

©ILGA