By Jerromie S. Walters
On Thursday, October 31, 2024, the Ministry of Justice Technical Working Group (TWG) led the process of validating an Act that provides a unified legal framework for fair, efficient, and cost-effective settlement of commercial and non-commercial disputes using Alternative Dispute Resolution (ADR procedures.
Representatives from various government agencies, along with international partners at the validation event at the Ministerial Complex in Congo Town, acknowledged that it comes as an integral step, especially since it also endeavors to establish a robust ADR framework that promises to enhance access to justice and nurture a more peaceful and cohesive society in Liberia.
The Alternative Dispute Resolution (ADR) in summary, intrinsically considers negotiation, mediation, conciliation, court-annexed mediation, arbitration, customary arbitration, administration, and administration of the Alternative Dispute Resolution Authority among others.
At the occasion, Liberia’s Justice Minister Cllr. N. Oswald Twehaccentuated that this legislative achievement marks a defining moment in Liberia’s commitment to justice, equity, and inclusivity. “Today marks a momentous occasion for our nation, a defining stride towards a future where access to justice is not a privilege of the few, but a fundamental right for all citizens of Liberia,” Minister Tweh stated with pride. He articulated the critical role that access to justice plays in fostering social cohesion and sustainable development, asserting that “one cannot thrive in the absence of justice.”
The Minister spotlighted the government’s “ARREST” Development Agenda, which aims to reinforce the rule of law and ensure that every individual, particularly the most vulnerable, can navigate the justice system without barriers. He stressed the alignment of this initiative with the African Union Agenda 2030 and the Sustainable Development Goals, particularly Goal 16, which aims to promote peaceful and inclusive societies.
Minister Tweh urged the audience to embrace Alternative Dispute Resolution (ADR) as a transformative approach within Liberia’s justice system. “By formalizing and institutionalizing ADR within our legal framework, we create an accessible and functional mechanism for resolving disputes that respects the needs and contexts of our people,” he explained. The ADR Act of 2024, he noted, is a testament to the government’s dedication to integrating Traditional and Customary Justice into the national legal landscape, acknowledging the importance of local traditions alongside modern legal principles.
However, the Minister also acknowledged the challenges that lie ahead, particularly regarding the existing customary justice system, which has faced criticism for its limitations, especially concerning the rights of women and children. “We are resolute in our mission to rectify these disparities and ensure that our justice framework adheres to human rights standards that reflect our nation’s core values,” he asserted.
Minister Tweh encouraged guests to view the validation not as an endpoint but as a starting point for collective efforts toward establishing a court-annexed ADR regime. He expressed optimism that this initiative holds the promise of a judicial system that is not only accessible but also reflective of Liberia’s diverse societal fabric.
He went on to extend his gratitude to international development partners, including UNDP and Irish Aid, as well as various local organizations and agencies instrumental in the ADR initiative. He acknowledged the contributions of the ADR Inter-Agency Technical Working Group, the Liberia National Bar Association, the Law Reform Commission, the National Traditional Council of Chiefs and Elders, and many others, underscoring the collaborative effort required to transform Liberia’s justice landscape.
Like the Justice Minister, Stanley Kamara, Team Leader, a representative of Anthony Ohemeng Boamah, the Resident Representative of the United Nations Development Programme(UNDP) in Liberia, conceded the significance of the Act in enhancing access to justice and promoting social cohesion within the nation.
Boamah further elaborated on the significance of the ADR framework, noting its successful implementation in several West African countries, including Ghana, Nigeria, and Sierra Leone. He cited Ghana’s 2003 mediation week, which successfully mediated approximately 3,000 cases with a remarkable 90% success rate. “The ADR process fosters social cohesion and is a vital step forward in Liberia’s justice system,” he asserted.
Moreover. Anthony Boamah urged participants to engage actively in discussions, share insights, and ask questions. “Your diverse perspectives and expertise will help refine and strengthen this Act, ensuring it accurately reflects the needs and realities of Liberia,” he encouraged.
He also recognized the dedication of the ADR Technical Working Group, commending their tireless efforts since the piloting of the ADR project in 2012. “Your hard work has brought us to this significant milestone in improving Liberia’s justice system,” he said.
Boamah commended the Government of Liberia, particularly the Ministry of Justice, for its unwavering commitment to enhancing access to justice. He praised the government’s proactive approach to tackling challenges related to pretrial detention and ensuring that justice is accessible to all, especially marginalized communities. “This initiative reflects a forward-thinking approach to addressing the pressing needs of our society,” he remarked.
The Resident Representative acknowledged the invaluable support from international partners, specifically thanking the Embassy of Ireland for its generous funding of the ADR initiative through UNDP. “Your investment in Liberia’s justice system will have far-reaching impacts on the lives of countless Liberians,” he noted, emphasizing the importance of collaboration in achieving meaningful reform.
Reflecting on UNDP’s longstanding partnership with the Ministry of Justice, Boamah highlighted the organization’s support for various initiatives aimed at policy reform and institutional capacity building. “Our journey together in strengthening Liberia’s justice sector has been marked by collaborative efforts and a shared vision,” he stated, underlining that the ADR Draft Act is a testament to this enduring partnership.
Boamah reaffirmed UNDP’s commitment to supporting the Government of Liberia in implementing the ADR framework once it becomes law. “We look forward to the next phases of this journey, including the monitoring and evaluation of the ADR framework,” he stated, expressing optimism for productive discussions and a successful validation of the Draft Act.
