Liberia

Section 1: Definitions

100 “Trafficking In Persons” shall mean the recruitment, transportation, transfer, harboring or receipt of a person by means of the threat or use of force or other means of coercion, or by abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

102 “Exploitation” shall mean:

(a) keeping a person in a state slavery;

(b) Subjecting a person to practices similar to slavery;

(c) Compelling or causing a person to provide forced labor or services;

(d) keeping a person in a state of servitude, including sexual servitude;

(e) Exploitation of the prostitution of another;

(f) Engaging in any other form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel, child pornography;

(g) Illicit removal of human organs.

104 “Practices similar to slavery” are defined in the Supplementary Convention on the Abolition of slavery, the Slave Trade, and institutions and practices Similar to Slavery and include, in general, debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation.

Section 2: trafficking in persons

That form and immediately after the passage of this ACT, recruitment, transportation, transfer, harboring or receipt of a person by means of the threat or use of force or other means of coercion or by abduction, fraud, deception, abuse of power or of a position of vulnerability, or by giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation shall be a criminal offense within the Republic of Liberia.

Section 5: criminal offense

Whoever engages in or conspires to engage in, or attempts to engage in, or assists another person to engage in or organizes or directs other persons to engage in “Trafficking in persons” shall be sentenced as defined in Section 7.

Section 6: convicted trafficker

Persons. convicted of the crime of transporting a person for the purpose of that person’s prostitution shall be punished in accordance with’

Section 7, but the presence of any one of the following aggravating factors can permit a. longer sentence up to a maximum of 20 years:

a) Transporting two or more person s at the same time;

b) Permanent or life-threatening bodily injury to a person transported;

c) Transporting one or more children;

d) transportation as part of the activity of an organized criminal group.

Section 7: sentence

A court of competent jurisdiction shall sentence a person convicted of the crime of trafficking in persons to a minimum of one-year imprisonment.

a) if the convicted person used, threatened use, or caused another to use or threatened use of a dangerous weapon, 2 years shall be added to the minimum sentence.

b) if a trafficked person suffers a serious bodily injury, or if the convicted person commits a sexual assault against a trafficked person, 5 years shall be added to the minimum sentence;

c) if the trafficked person has not attained the age of 18 years, 5 years shall be added to the minimum sentence;

d) if, in the course of trafficking or subsequent exploitation, the convicted, person recklessly caused a trafficked person to be exposed to a life threatening illness or if the convicted person intentionally caused a trafficked person to become addicted to any drug or medication, 5 years shall be added to the minimum sentence;

e) if a trafficked person suffers a permanent or life threatening injury, 10 years: shall be added to the minimum sentence;

f) if a trafficked person dies as a result of the trafficking, the sentence shall be between 20 years and life imprisonment;

g) if the trafficking was part of the activity of an organized criminal group, 3 years shall be added to the minimum sentence;

h) if the trafficking was part of the activity of an organized criminal group, and the convicted person organized the group or directed its activities, 5 years shall be added to the minimum sentence.

i) If the trafficking occurred as a result of abuse of power or position of authority, including but not limited to a parent or guardian, teacher, children’s club leader, or any other person who has been entrusted with the care or supervision of the child, 3 or 5 years shall be added to the minimum sentence.

Liberia Trafficking in Persons LaW 2005 – English (PDF)

Sub. § 2.1. Marriage a civil status contract; essentials; consent, license and solemnization.

Marriage is a civil status, a personal relationship arising out of a civil contract between a male and female to mutually assume marital rights, duties and obligations, to which the consent of parties capable of making such a contract is essential; provided further that such marriage is not prohibited by the provisions of sections 2.2(3) and 2.3. Consent alone will not constitute marriage; consent must be followed by the issuance of a license and solemnization as authorized by this chapter.[3]

Sub. § 2.2. Marriageable age.

1. Age of legal consent: Males; females. Every male person who has attained the full age of 21 years and every female who has attained the full age of 18 shall per se be capable of contracting marriage and a marriage license may be issued to such persons if otherwise competent.

2. Under age of legal consent and above 16 years. If a male applicant for a marriage license is between the age of 16 years and under 21 years of age, or if a female applicant is between the age of 16 years and under 18 years of age, although otherwise competent, no license shall be issued without the consent of his or her parents or guardian, or of the parent or person standing in loco parentis having the actual care, custody and control of said applicant, given in writing before the registrar of marriages under oath, or certified under the hand of such parents, guardian, or persons in loco parentis and properly verified by affidavit or affirmation before a notary public or other official authorized by law to take affidavits, which certificate shall be filed of record in the office of said registrar at the time of application for said license. If there is no parent, guardian or person in loco parentis having the actual care, custody and control of such applicant, then the judge of the court having probate jurisdiction in the county, territory or chartered district where the application is pending may, after hearing and upon proper cause shown, make an order allowing the marriage of such applicant, a certified copy of which shall be filed of record in the office of the registrar before whom the application is pending prior to the issuance of the marriage license applied for.

3. Marriage of persons under 16 years. A marriage in which either of the parties is under 16 years of age is hereby prohibited. No license therefor may be issued regardless of circumstances

Sub. § 2.9. Objections to marriage, how determined.

1. Filing and service of objecting petition. Any person interested, believing that the statements contained in an application for the issuance of a marriage license are false or insufficient, or that the applicants or either of them are incompetent to marry, may file with the court having jurisdiction in the county, territory or chartered district in which the license is applied for, a petition under oath, setting forth the grounds of objection to the marriage and asking for an order requiring the parties making such application to show cause why the license should not be refused. Whereupon the court, if satisfied that the grounds of objection are prima facie valid, shall issue an order to show cause as aforesaid, returnable as the court directs, but not more than ten days after the date of the order, which together with a copy of the parties’ petition shall be served forthwith upon the registrar before whom the application has been made and upon the applicants for the license residing in the county, territory or chartered district in which such application has been made, and if only one applicant so resides then upon such applicant; and such service shall operate as a stay upon issuance of the license until further ordered.

2. Hearings and orders thereon. If, upon hearing, the court finds that the statements in the application are willfully false or insufficient or that either or both of the applicants are not competent to marry, the Court shall make an order refusing the license and shall immediately report such matter to the Minister of Justice. If said falseness or insufficiency is due merely to inadvertence and the parties are otherwise competent to marry, then the court shall permit the applicants to amend the application so as to make the statements therein true and sufficient and upon the application being so amended, the court shall order that the license shall be issued. If any applicant is unable to supply any of the information required in the application, the court may, if satisfied that such inability is not due to willfulness or negligence, order the license to be issued notwithstanding such insufficiency, if the parties are otherwise competent to marry. The costs and disbursements of the proceedings under this section shall rest in the discretion of the court.

Sub. § 2.16. Penalties.

Penal sanctions for violations of provisions of this chapter shall be as set forth below:

(a) The following shall be fined not less than $200.00 nor more than $1,000.00:

(i) For issuance of license without medical certificate. Any registrar of marriages who unlawfully issues a license to marry to any person who fails to present and file any certificate required by section 2.5.

(ii) For disclosing medical examination. Any person having knowledge of any matter relating to the medical examination of any applicant for license to marry required by section 2.5 who discloses the same, or any portion thereof, except as may be required by law.

(iii) For false statement in physician’s certificate. Any physician who knowingly makes any false statement in any certificate required by section 2.5.

(iv) For marriage outside of the Republic to circumvent the laws. Any person residing or intending to continue to reside in the Republic who goes outside this country, and with the intent to do so, there contracts a marriage prohibited or declared void under the laws of the Republic.

(b) the following shall be fined not less than $100 nor more than $500:

(i) For false statement. Any person who in any affidavit or statement made under sections 2.2(2), 2.6 or 2.9, willfully and falsely swears, or who procures another to swear falsely in regard to any material fact relating to the competency of either or both of the parties applying for a marriage license, or as to the ages of such party, if they are of age requiring consent of a parent, guardian or person in loco parentis, to marry, or person in loco parentis having authority to give such consent to the marriage.

(ii) For unlawful issuance of license. Any registrar of marriages who knowingly issues a marriage license contrary to or in violation of any section of this chapter.

(iii) For unauthorized solemnization of marriage. Any person, not being authorized by the laws of the Republic, who intentionally undertakes to solemnize a marriage in the Republic; or any person who intentionally participates in or in any way aids or abets any false or fictitious marriage.

(c) The following shall be fined not less than $50 nor more than $250:

(i) For unlawful solemnization of marriage. Any officiating person who solemnizes a marriage between contracting parties who have not first obtained a proper marriage license as provided in this chapter; or solemnizes a marriage without the presence of two competent adult witnesses; or solemnizes a marriage knowing of any legal impediment thereto, or solemnizes a marriage more than 30 days after the date of the license.

(ii) For solemnization in unauthorized jurisdiction. Any officiating person who solemnizes a marriage between non-residents of the Republic at a place other than the county, territory or chartered districts in which the license is issued.

(d) The following shall be fined not less than $10 or more than $100:

(i) For failure to file certificate. Every officiating person who neglects or refuses to transmit the original marriage certificate of any marriage solemnized by him to the registrar of marriages of the county, territory or chartered district issuing the license within three days after the date of such solemnization.

(ii) For violations relating to records. Any registrar of marriages who refuses or neglects to enter upon the marriage license docket a complete record of each application and of each marriage license issued from his office immediately after the same has been made or issued, as the case may be, or fails to post marriage license applications as required or to keep such marriage license docket open for inspection or examination by the public during regular office hours, or prohibits or prevents any person from making a copy of abstract of the entries in the marriage license docket.

(e) The following shall be fined not less than $5 nor more than $25:

(i) For other violations. Any person violating any provision of this chapter for which no other penalty is provided.

Sub. § 7.1. Voidable marriages.

Subject to the provisions of section 7.2 a marriage is voidable and shall be declared void ab initio from the time its nullity is declared by a court of competent jurisdiction, if it is established that at the time of the marriage either party thereto had any of the following disabilities:

(a) Was under the age of legal consent, which is 21 years for males and 18 years for females, and the consent required by section 2.2(2) was not obtained, provided that such nonage shall not of itself constitute an absolute right to the annulment of such marriage, but such annulment shall be in the discretion of the court which shall take into consideration all the facts and circumstances surrounding such marriage;

(b) Was incapable of consenting to a marriage for want of understanding;

(c) Was incapable of entering into the marriage state from physical cause;

(d) Consented to such marriage by reason of force, duress or fraud.[38]

Sub. § 7.2. Who may bring an action for annulment and limitations thereon.

1. Party under age of legal consent. An action to annul a marriage on the ground that one or both of the parties, though of the age of 16 years or over at the time of the marriage, had not obtained the consent required by section 2.2(2), may be maintained by the party involved, or by either parent of such party, or by the guardian of the such party’s person, or the court may allow the action to be maintained by any person as the next friend of such party. But a marriage shall not be annulled under this paragraph at the suit of a party who was of the age of legal consent when it was contracted or by a party who for any time after he or she attained that age freely cohabited with the other party as husband and wife.

2. Party an idiot, or insane or an adjudged incompetent. An action to annul a marriage on the ground that one of the parties thereto was an idiot may be maintained at any time during the lifetime of either party by any relative of the idiot who has interest to void the marriage or by his guardian. An action to annul a marriage on the ground that one of the parties thereto was insane at the time of the marriage or was an adjudged incompetent at that time may be maintained at any time during the continuance of the insanity or incompetency, or after the death of the party in that condition, and during the life of the other party to the marriage, by any relative of the insane party or the adjudged incompetent who has an interest to avoid the marriage or by his guardian. Such an action may also be maintained by the insane party or the adjudged incompetent at any time after restoration to a sound mind; but in that case, the marriage should not be annulled if it appears that the parties freely cohabited as husband and wife after the insane party or the adjudged incompetent was restored to a sound mind. Where one of the parties was insane or an adjudged incompetent at the time of the marriage, an action may also be maintained by the other party during the continuance of the insanity or incompetency at the time of the marriage. Where no relative or guardian of the idiot or of the insane or adjudged incompetent person brings an action to annul the marriage and in the latter two cases, where the insane or incompetent person is not restored to sound mind, the court may allow an action for that purpose to be maintained at any time during the lifetime of both the parties to the marriage, by any person as the next friend of the idiot or the insane or adjudged incompetent person.

3. Other cases of lack of understanding. In all other cases where the legal disability in an action for an annulment is based on the ground that either party was incapable of consenting to the marriage for want of understanding, the party suffering the disability may maintain such an action upon the removal of the disability if it is commenced within six months after such party obtained full knowledge of the facts concerning his incapability of consenting to the marriage, but the marriage should not be annulled if it appears that such party freely cohabited with the other party as husband and wife after having obtained such knowledge.

4. Physical incapacity. An action to annul a marriage on the ground that one of the parties was physically incapable of entering into the marriage state may be maintained by the injured party against the party whose incapacity is alleged; or such action may be maintained by the party who was incapable against the other party provided the incapable party was unaware of the incapacity at the time of the marriage, or if aware of such incapacity, did not know it was incurable. Such an action can be maintained only where an incapacity continues and is incurable and must be commenced before five years have expired since the marriage.

5. Consent by force, duress or fraud. An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by force or duress may he maintained at any time by the party whose consent was so obtained. An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by fraud may be maintained by the party whose consent was so obtained within the limitations of time set forth in the Civil Procedure Law for endorsing a civil remedy therefor. Any such action may also be maintained during the lifetime of the other party by the parent, or the guardian of the person of the party whose consent was so obtained, or by any relative of the party who has an interest to avoid the marriage, provided that in an action to annul a marriage, on the ground of fraud the limitation prescribed in the Civil Procedure Law has not run. But a marriage shall not be annulled on the ground of force or duress if it appears that, at any time before the commencement of the action, the parties thereto voluntarily cohabited as husband and wife; or on the ground of fraud, if it appears that, at any time before commencement thereof, the parties voluntarily cohabited as husband and wife, with full knowledge of the facts constituting the fraud.

Section 7. Gender Equity, Equality and Empowerment

[..]

(d) The development of the girl-child shall be achieved by protecting her from various forms of violence, including female <<genital>> <<mutilation>>, early marriage, teenage pregnancy, removing all forms of discrimination and by giving the girl-child opportunity to develop her fullest potential;

Section 10. Legal, Cultural and Policy Measures

(a) Appropriate legislation shall be provided to discourage marriage of young girls before the age of 18 years, and marriage of boys before 21 years of age;

[..]

Section 4

No person or society shall subject a child to any of the following practices:-

(a) marrying any person when she or he is still under the age of 18;

(b) betrothing a child into marriage or a promise for marriage;

(c) giving over a child to work either as a means of satisfying obligations on the part of the parent regardless of whether or not the work is harmful, hazardous or indecent;

(d) any unnecessary or uncultured practice that may inflict physical, psychosocial, or emotional pain to the child or otherwise violate or endanger her or his bodily integrity, life, health, dignity, education, welfare, or holistic development.

16.15 Subjecting a Child to Harmful Practices

A person commits a felony of second degree if she or he subjects a child to any of the following practices:

(a) facilitating the marriage to any person when she or he is still under the age of 18;

(b) forcing a child to marry another person

(c) betrothing a child into marriage or a promise for marriage;

(d) exposing the child to harmful or hazardous work;

(e) or a practice that violate or endanger the bodily integrity, life, health, dignity, education, welfare, or holistic development of the child.