Constitutional Reform: Accra Peace Agreement

ARTICLE XXXV: SPECIAL PROVISIONS

1. (a) In order to give effect to paragraph 8(i) of the Ceasefire Agreement of 17th June 2003 signed by the GOL, the LURD and the MODEL, for the formation of a Transitional Government, the Parties agree on the need for an extra-Constitutional arrangement that will facilitate its formation and take into account the establishment and proper functioning of the entire transitional arrangement.

(b) Accordingly, the provisions of the present Constitution of the Republic of Liberia, the Statutes and all other Liberian laws, which relate to the establishment, composition and powers of the Executive, the Legislative and Judicial branches of the Government, are hereby suspended.

(c) For the avoidance of doubt, relevant provisions of the Constitution, statutes and other laws of Liberia which are inconsistent with the provisions of this Agreement are also hereby suspended.

(d) All other provisions of the 1986 Constitution of the Republic of Liberia shall remain in force.

(e) All suspended provisions of the Constitution, Statutes and other laws of Liberia, affected as a result of this Agreement, shall be deemed to be restored with the inauguration of the elected Government by January 2006. All legal obligations of the transitional government shall be inherited by the elected government.

Implementation History

2003

Minimum Implementation

The Constitution of Liberia was suspended to allow the National Transitional Government of Liberia (NTGL) to function with executive and legislature branches selected exclusively from the parties to the conflict and civil society rather than through elections. It was planned that the Constitution of Liberia was to come into effect again in 2005 after the first post-accord elections were held.

2004

Full Implementation

NTLA and the NTGL passed an electoral reform bill that altered two provisions of the Constitution. Article 80(d), which required that a census be the basis of allocating seats in the House of Representatives to counties, was dropped. In its place, the results of the voter registration process would be used. Article 52, which required that any candidate for national office hold residency in Liberia for 10 years prior to elections, was also dropped.

2005

Full Implementation

After the October elections, the Constitution of Liberia was restored with the amendments from the electoral reform bill passed in December 2004.

2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.