Civil Administration Reform: Accra Peace Agreement

ARTICLE XVI: ESTABLISHMENT OF A GOVERNANCE REFORM COMMISSION

1. A Governance Reform Commission is hereby established. The Commission shall be a vehicle for the promotion of the principles of good governance in Liberia.

2. The mandate of the Commission shall be to:

(a) Review the existing program for the Promotion of Good Governance in Liberia, with the objective of adjusting its scope and strategy for implementation;

(b) Develop public sector management reforms through assessment, reforms, capacity building and performance monitoring;

(c) Ensure transparency and accountability in governance in all government institutions and activities, including acting as the Public Ombudsman;

(d) Ensure subsidiarity in governance through decentralisation and participation;

(e) Ensure a national and regional balance in appointments without compromising quality and integrity;

(f) Ensure an enabling environment which will attract private sector direct investment;

(g) Monitor, assess and report to the NTLA on the implementation and impact of activities undertaken to encourage the practice of good governance in Liberia.

3. The Structure of the Commission shall be as follows:

(a) The Commission shall be established as an independent Commission with seven (7) permanent members appointed by the Chairman and confirmed by the NTLA, from a list provided by civil society organisations. It shall have a chairperson who must be from the civil society. Its membership shall include women.

(b) The members must have experience in one or more of the following: Public Sector Management, Corporate Law, Finance and Auditing Regulations, Trade Policies and NGO activities. They must be men and women of known integrity with national and/or international experience.

4. The Commission shall submit quarterly reports directly to the NTLA who shall make recommendations thereon to the Chairman for action.

5. The NTGL calls on the UNDP, relevant international organizations and the ICGL to provide financial, logistics and technical support for the Commission.

ARTICLE XVII: CONTRACT AND MONOPOLIES COMMISSION (CMC)

1. A Contract and Monopolies Commission is hereby established in Liberia to oversee activities of a contractual nature undertaken by the NTGL.

2. Its mandate shall include:

(a) Ensuring that all public financial and budgetary commitments entered into by the NTGL are transparent, non-monopolistic and in accordance with the laws of Liberia and internationally accepted norms of commercial practice;

(b) Ensuring that public officers will not use their positions to benefit from any contract financed from public funds;

(c) Publishing all tenders in the media and on its own website to ensure maximum competition and transparency. The Commission shall also publish on its website the result of tenders as well as a record of all commercial entities that have participated and succeeded in reviewing contracts;

(d) Ensuring the formulation and effective implementation of sound macro-economic policies that will support sustainable development goals;

(e) Collaborate with the international institutions to provide finance to Liberia in carrying out its functions.

3. (a) The Commission shall consist of five (5) members appointed by the Chairman, on the approval of the NTLA, from the broad spectrum of civil society, who may or may not be technocrats.

(b) The members shall be persons of sound judgement and integrity who are independent of the commercial sector. The members must have sufficient experience to be able to review contract documents and procedures to ensure that public funds are used without favour and with complete transparency.

(c) The members of the CMC shall be assisted by independent national and international experts.

Implementation History

2003

No Implementation

No developments observed this year.

2004

Minimum Implementation

The Contract and Monopoly Commission, and the Governance Reform Commissions, were established in February 2004 along with five other autonomous commissions mandated by the peace agreement.1

It is not very clear how these commissions carried out civil administration reform, especially regarding gender balance. Both of these commissions were financially supported by the UNDP.

  • 1. "Liberia; JPC Boss Chairs Elections Commission As Govt. Constitutes Five Commissions," Africa News, February 2, 2004.
2005

Minimum Implementation

Elections were held in October 2005.

2006

Minimum Implementation

After holding elections in October 2005, the new government took office in January 2006. The Contract and Monopoly Commission was replaced with the Public Procurement & Concessions Commission on January 16, 2006. The PPCA came into force on 16 January 2006 following the inauguration of the elected Government of Liberia. The PPCA was mandated to implement the public procurement and concessions reform program of Liberia.2

2007

Minimum Implementation

In August 2007 the Liberian government extended the commission and mandated the Governance Commission as a permanent institution.3

Even if these two commissions were established as mandated by the accord, effectiveness of these commissions on civil service was mixed.

  • 3. "Liberia; Government Seeks to Increase Power of Influential Commission," Africa News, August 27, 2007.
2008

Minimum Implementation

No further developments observed.

2009

Minimum Implementation

No further developments observed.

2010

Minimum Implementation

No further developments observed.

2011

Minimum Implementation

No further developments observed.

2012

Minimum Implementation

No further developments observed.