Policy Brief 1 · 2009

The Protection of Women and Children in Benjamin de Carvalho and Niels Nagelhus Schia

In spite of the efforts made by international actors to Summary have the Liberian National ’s (LNP) Women and After six years of UN presence, women and children Children Protection Section (WACPS) working to pro- still lack the protection they have been promised. vide women and children with a special recourse to Through a grant of USD 1.6 million from the Norwe- justice institutions, a number of challenges remain gian Government administered through UNDP, the unaddressed. Many of these challenges are also a prod- Liberian (LNP) has now been able uct of how these sections were established and funded, to establish Women and Children Protection Sec- the lack of a coherent and comprehensive understand- tions (WACPS) in over twenty locations in Liberia. ing of the functioning of justice institutions in Libe- These sections are meant to address the protection ria, the challenges reforming or building these insti- of women and children, especially against gender- tutions represent, and how these new institutions are based violence (GBV), including sexual violence. to interact with traditional institutions and practices. While having been recognized from the UN as repre- senting a landmark effort, these sections neverthe- In September 2005, UNICEF proudly announced that less do not function as intended. There is a dire lack 25 officers of the LNP had completed their certifica- of resources for running these sections. Furthermore, tion in “women and children protection” and were GBV is not addressed in a comprehensive manner. to staff the newly established WACPS of the LNP. Thus, police officers involved in the WACPS, in spite of This had been established by UNICEF in collabora- often being well-trained, willing and qualified, often go through the motions rather than addressing the tion with the LNP and the United Nations Mission substantive challenges facing women and children. in Liberia (UNMIL) Civilian Police (CIVPOL). These police officers had been given training in order to Rather than providing aid for relatively limited and “improve their skills and techniques in managing isolated projects, we make the case for the inter- and handling sexual violence cases” (UNICEF 2005). national community and donors to address GBV within a wider and more comprehensive frame- Three years later, there is a WACPS of the LNP work including all Rule of Law institutions, rather in every county capital in Liberia (fifteen in total). 1 than focusing on short-term issues and rapid im- DSRSG Henrietta Mensa-Bonsu, has touted the suc- pact projects which fit within the relatively narrow cess of the WACPS and stated that “more and more priorities of Western governments. Furthermore, women and children are coming out to report crimes” we argue that addressing GBV effectively cannot be undertaken without understanding how “mod- Throughout the entire country, new LNP county head- ern” and traditional systems of justice function and quarters have been constructed or renovated by UNDP interplay. As stated by one interviewee in Monro- with funding from the Norwegian government. In or- via, “The problem in Liberia is not that victims of der to assist the LNP in addressing issues affecting rape don’t get justice, but that no one gets justice!” women and children, all new LNP buildings now have a WACPS. A representative of the Norwegian govern- Policy Brief 1 · 2009

ment stated that the construction of WACPS is “a important task, it also fits within the Scandinavian pri- dream come true.” UNMIL can now proudly confirm orities, and is therefore an attractive way to contribute. that “WACPS are now active in 21 locations throughout Liberia” thanks to a contribution of USD 1.6 million Not all police county headquarters have separate from the Norwegian government (UNMIL 2008a) (the buildings for the WACPS. In some police stations biggest WACPS is yet to be constructed, adjacent to the the WACPS consists simply of one room dedicated LNP national headquarters in ). UN Police to women and children protection (such as the one Commissioner Henrik Stiernblad proudly stated that in Robertsport), in which the officers dedicated to “Women and children need not be subjected to further this work supposedly have their working space. This victimization.” (UNMIL 2008c). Finally, the Special is however not necessarily the case. These rooms Representative of the Secretary-General (SRSG) Ellen are in practice used for different purposes, includ- Margrethe Løj praised the Norwegian effort for under- ing in some instances providing accommodation standing that “the recovery and development of Libe- for police officers undertaking training programs. ria’s rule of law institutions requires an additional bol- ster to both human and financial resources” (UNMIL Other WACPS are more impressive. In Tubman- 2008d; Norwegian Embassy in Côte d’Ivoire 2008). burg, for instance, the WACPS is more imposing and modern than the main police station, and employs In spite of these efforts, however, UNMIL has about half of the police officers in the city. Their fa- been forced to recognize the fact that “sexual vio- cilities are more modern than the main police sta- lence against women and children remains a cen- tion, including two PCs stacked on a dusty shelf. tral reality of life in Liberia” (UNMIL 2008b): Police in Bomi County was reported to have one ve- hicle and two motorcycles. Here too, rooms in the “[…] reported rate of rape cases remains the same during WACPS were used for accommodating police officers. the year – on average 54 reported cases per month coun- trywide. Only during this year Women and Children Pro- The Lack of Coherence and Comprehensiveness tection Section of UNICEF handled 2,352 cases of which The WACPS were established with the intention of ad- 707 were Gender Based Violence (GBV) including sexu- dressing the pressing concerns the international com- al violence. Out of the 707 cases, 272 were sent to court, munity had with GBV in Liberia. That women and 235 pending and 200 cases withdrawn. 124 survivors of children now have a dedicated section within the LNP sexual violence 0-35 years of age (3 boys, 116 girls and which deals with GBV no doubt will ensure that these 5 women) accessed psychosocial care, protection and issues are addressed by the police. The question which medical services at the two Safe Homes. 98 were reinte- nevertheless remain, is what happens once a crime is grated into their families and communities, 26 are cur- reported to WACPS. For instance, one of the issues the rently receiving services at the Safe Home, established establishment of WACPS was meant to address is the by UNICEF for sexually violated girls.” (UNMIL 2008b) relatively high degree of impunity for GBV crimes. But as a legal specialist interviewed in Monrovia exclaimed These figures we are talking about here are limited to to us, “The problem in Liberia is not that victims of reported cases. rape don’t get justice, but that no one gets justice!”

Addressing Gender-based Violence (GBV) in Liberia In a country where judges in many cases do not have During fieldwork in 2008 and 2009, we visited four knowledge of the penal code, and where the police only WACPS in four different counties in Liberia. Based on rarely possess investigative tools and skills, it is doubt- this, it is clear that while the WACPS may be a right step, ful whether the establishment of the WACPS alone will not only do challenges remain, but the establishment of lead to a higher rate of conviction. Furthermore, the such a specialized unit without taking other rule of law in- problems may be exacerbated by the fact that victims 2 stitutions into account may in turn lead to new problems. who do report crimes lose faith in the institutions of justice, as reported criminals seldom face convictions. The problems surrounding the WACPS are in many ways symptomatic of the way in which post-conflict re- The problem here is that specific donor programs wish construction is managed by international donors and to address specific issues which may be in line with the UN in general, namely that there is lack of coher- priorities in the donor country rather than with a spe- ence, no comprehensive and deep understanding of cific coherent and comprehensive approach to judicial how the issues sought addressed relate to each other, reform. Furthermore, while the institutions of rule of and an undue channelling of resources into projects that law are to some degree present in Monrovia, they of- fit with the donors’ perspective rather than the needs ten lack outside of the capital. As one NGO worker of the community. Sexual and gender-based violence, involved in GBV work explained, “No place outside of the protection of women and children is no doubt an Monrovia has all the pieces of rule of law”. The major international presence in Liberia is in Monrovia, and crimes end up in the “Kept In View” category (KIV). as such inferences about the spread of rule of law in- stitutions in general, and the WACPS in particular to The logistics provided to the LNP as part of providing the whole country must be done carefully – if at all. for the WACPS include PCs and electric generators. However, computer literacy is often limited, and the Why and How Report to the Police? generators require fuel which is used for driving. The As the WACPS are based mainly in county capitals, re- dire lack of resources to actually go and investigate porting crimes which have taken place in other places crimes seems to be a much more pressing affair than is an enormous challenge for victims of SGBV. The providing top of the line computer equipment. This police has little presence in rural areas, and trans- equipment cannot be used because of lack of computer portation is scarce. In rural areas, reporting a crime literacy and because of lack of electricity and fuel. In- thus requires the victim to make the journey to the deed, it was unclear to us why these computers had been nearest WACPS in order to report it. This can be provided in the first place, as the working methods of both practically and economically challenging. Fur- the police did not require them. The logistical support thermore, the police lacking the most basic form of provided for the WACPS thus seems to have been pro- logistics, cannot provide the victim with much help vided without having taken into account the working to return. Many counties have only a limited amount methods of the local police, their needs, and without of vehicles, some counties count only a single police having made any attempts to budget for running costs. car, and even fewer means available to pay for fuel. Victims reporting to the police are thus often left in “Modern” and Traditional Justice Institutions the difficult position of having reported a crime and Finally, and this is perhaps where the international identified the perpetrator (who more often than not community has done the least, the efforts to address is known to the victim), without the police having the GBV and the impunity of perpetrators as well as the means to investigate or even follow up on the crime. general (re)building of the institutions of the rule of law must be seen in the context of which functions Faced with a dire lack of infrastructure and resourc- the new institutions are to fulfil, and which one are es, the question for the LNP is also why these cases already fulfilled by the traditional “justice” system. should be prioritized. Why should one, for instance, Rather than seeking to supplant the traditional sys- use the only police vehicle available in the county and tem, one needs to understand how these systems can the little fuel available to the police to drive often up supplement each other. In this respect it is important to hundred kilometres and investigate a crime which to understand how they interact in practice today. As took place days before, when the perpetrator has most became clear to us, victims of GBV do not always get certainly fled the premises, one police officer asked us. their cases investigated. As one police officer told us, once a victim has reported a crime the police “inves- While the building and establishment of the WACPS tigate, but sometimes compromise.” Recourse to the is a step in the right direction, the fact that the sections WACPS in other words is no guarantee that the case are not part of a larger and more comprehensive effort will be investigated or passed through the court sys- to (re)build the institutions of the rule of law, may in the tem. And while it is beyond the scope of this brief to long run undermine the efforts to combat GBV. As one address the desirability of this, one thing is neverthe- NGO worker said to us in Monrovia, “What’s in it for less clear: As long as the international community the victims? Why should they report a rape when they has absolutely no understanding of how the tradi- know the perpetrator and nothing ever really happens?” tional system works, there is little chance that effective measures to counter GBV in rural areas will succeed.

The Dire Lack of Police Capacity and Logistics Illustrative of the international community’s complete Once a crime has been reported, the police need to in- lack of understanding of the Liberian traditional in- 3 vestigate. However, as the police has little mobility due stitutions, is the fact that most people we interviewed in large part to lack of vehicles and fuel, victims often had little understanding of the Liberian penal code. As have to pay for the police to come and investigate. De- a case in point, most UN personnel and NGO work- pending on where the crime took place, this can be ers we spoke with saw it as a great success that rape quite an investment required on the part of victims of had been introduced in the penal code as a crime in GBV. Furthermore, as the police lacks both investiga- 2005 as the result of pressure from the international tive resources and manpower, perpetrators are most community. Symptomatic of this lack of knowledge of often not caught, as escaping the scene of the crime the judicial system is IRIN News (part of UN OCHA) during the presence of the police is all that is required which in their country profile of Liberia state that ”Li- in order to avoid arrest. The police have no means berian law prohibits domestic violence; however, vio- to follow up on crimes committed, and most often, lence against women has become widespread. Several Policy Brief 1 · 2009

NGOs have programmes to help abused women and for, the equipment provided does not fit the working girls, and to increase awareness of their rights. […] routines of the LNP, and while the WACPS might In December 2005, parliament passed legislation to function to some extent when looked upon separately, make rape illegal.” (IRIN 2007) Such a view is just when seen in relation to other rule of law institutions, plain wrong. The new rape law did not constitute rape the efforts seem quite often misplaced as no efforts as a crime, as rape was already on the statutes. It did are made at addressing the system comprehensively. modify and add to these laws with for instance making new provision for rape within a marriage and against Literature engaging with minors between the age of sixteen and UNICEF (2005) “New women and children protection section eighteen. However, the view advanced by most rep- for Liberia’s police” available at http://www.unicef.org/media/ resentatives of the international community we met media_28159.html during three fieldworks in Liberia simply goes to show UNMIL (2008a) “New Confidence in Liberian Police Has More the extent to which the UN system lacks the knowl- Women and Children Reporting Crime” 15 June. Available at edge to address GBV in a comprehensive manner. http://unmil.org/article.asp?id=2788 UNMIL (2008b) “Liberia: UNMIL Humanitarian Situa- Conclusion tion” Report No. 156, 24 November. Available through The point of this brief has not been to denigrate the http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA- efforts made by international donors and the UN. Ad- 7LPQBP?OpenDocument dressing the problem of GBV in Liberia cannot be UNMIL (2008c) “UNPOL Commissioner urges for the protection done without their support. However, these efforts of women and children against sexual violence and abuse” 01 so far have tended to fit the donors’ own agenda rath- December. Available at http://unmil.org/article.asp?id=3036 er than the needs on the ground. One consequence UNMIL (2008d) “Continued human and financial support of this is that efforts to reform and (re)build rule of needed to bolster Liberia’s Police Force” 15 December. Avail- law institutions by the international community are able at http://unmil.org/1article.asp?id=3057&zdoc=1 done without the most basic knowledge of how the Norwegian Embassy in Côte d’Ivoire (2008) “Norway commend- administration of justice functions in Liberia. Fur- ed for supporting Liberia’s recovery” available at http://www. thermore, it is often done without thinking about the norvege.ci/info/Coop%C3%A9ration/MedaljeseremoniPoliti- consequences of these efforts with respect to other Liberia.htm 4 rule of law institutions. As a result, efforts such as the IRIN News (2007) “Republic of Liberia: Humanitarian Country WACPS do not function as well as they were intend- Profile.” Available at http://www.irinnews.org/country.aspx?Co ed. Budgets for logistical follow up are not provided untryCode=LR&RegionCode=WA

The present research was made possible through a grant from the Norwegian Ministry of Foreign Affairs through teh Training for peace in Africa Programme (TfP).

Norwegian Institute of International Affairs NUPI’s Issue Briefs and Policy Briefs About the Author(s) P.O. Box 8159 Dep, N-0033 Oslo, Norway are published by the Department of Benjamin de Carvalho is a Senior Research Fellow www.nupi.no Security and Conflict Management at NUPI. He holds his Ph.D. from the University of at NUPI. The Department of Security Cambridge, and works on issues pertaining to the Established in 1959, the Norwegian and Conflict Management undertakes protection of civilians in peacekeeping operations. Institute of International Affairs [NUPI] is applied research, policy analysis, Niels Nagelhus Schia is a Research Fellow at NUPI. a leading independent research institute concept development and assistance An anthropologist by training, he has been working on international politics and areas of on multinational and multidimensional on the implementation of UNSC Resolution 1325 relevance to Norwegian foreign policy. peace support and stability operations and gender-based violence in Liberia and the DRC Formally under the Ministry of Education and related themes, and seeks to ad- and Research, NUPI nevertheless operates dress most aspects of peace support NUPI’s series of Policy Briefs and Issue Briefs as an independent, non-political instance operations from intervention to long is edited by Benjamin de Carvalho. The views in all its professional activities. Research term peace building and security sector expressed in the Briefs remain those of the undertaken at NUPI ranges from short-term reform. Geographical foci include Africa, author(s). applied research to more long-term basic the Balkans, Afghanistan and Pakistan. research.