Liberia: Civil Society Council Challenges Suspension of H/Rights Commission Chair, Cites Constitutional Violations

Monrovia — The National Civil Society Council of Liberia (NCSCL), along with its membership-based Human Rights Coalitions, has gravely criticized President Joseph Nyuma Boakai's decision to suspend the Chairperson of the Independent National Commission on Human Rights (INCHR), Cllr. Dempster Brown, stating that the move as unconstitutional and is in violation of the INCHR Act of 2005.

In a statement issued on July Thursday, July 16, 2026, the Council expressed "sharp alarm" over the President's decision, arguing that the indefinite suspension undermines the independence of Liberia's national human rights institution and breaches both the Constitution and statutory provisions governing the Commission.

The Council contends that the suspension violates Article 20(a) of the 1986 Constitution, which guarantees that no individual shall be deprived of any right or privilege except through a hearing and judgment consistent with due process of law.

According to the NCSCL, the President erred on grounds that his action lacks judicial backing and therefore runs contrary to the constitutional guarantee of due process.

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"The indefinite suspension of the Chairperson without judicial determination contravenes this constitutional safeguard," the Council stated.

Beyond the constitutional concerns, the Council laments that the Liberian leader's decision directly conflicts with Section 20(2) of the Independent National Commission on Human Rights Act of 2005, which prohibits any organ of the State from interfering with or obstructing the Commission, its Commissioners, or employees in the execution of their statutory responsibilities.

NCSCL, which is the umbrella body for civil society organizations in the country, notes that the INCHR Act does not grant the President authority to suspend a Commissioner indefinitely or appoint an Acting Chairperson.

Instead, the Council maintains that Section 15 of the Act, which outlines the procedures for the replacement or dismissal of Commissioners, states that removal from office can only occur for proven cause through a competent court of law.

Accordingly, Council maintains that these legal safeguards were intentionally established to preserve the Commission's independence from executive influence.

The NCSCL also questioned the President's appointment of Commissioner Mohammed Fahnbulleh as Acting Chairperson, indicating that the move contradicts Article IX, Section 5 of the INCHR Act.

Furthermore, NCSCL explains that the Act provides that Commissioners are required to elect a Vice-Chairperson from among themselves by a two-thirds majority vote in order to create an internal leadership succession mechanism rather than one determined by presidential appointment.

"The law clearly envisions leadership continuity to remain within the Commission itself, in keeping with the internationally recognized Paris Principles adopted by the United Nations General Assembly, which requires national human rights institutions to operate independently and free from executive interference," read the statement.

In further contrast to the President's decision, NCSCL narrates that the appointment of Commissioner Fahnbulleh raises a serious conflict of interest, because he is reportedly one of the complainants in the allegations against suspended Chairperson Brown.

The organization argued that allowing a complainant to assume leadership of the Commission during an ongoing investigation undermines the principles of impartiality, justice and fairness.

While the Acting Chairperson may not directly adjudicate the complaint, the believes that he nonetheless, exercises substantial administrative authority over the affairs of the Commission, including decisions that could potentially influence the handling of the case.

The NCSCL warned that such circumstances create the appearance of bias, partiality and political interference.

Consequently, the Council is calling on President Boakai to immediately revoke the appointment of Commissioner Fahnbulleh as Acting Chairperson and instead allow the Commission's Vice-Chairperson to assume the role in accordance with Article XI, Section 7 of the INCHR Act.

The CSOs governing body further insists that any investigation involving the suspended Chairperson must strictly comply with constitutional due process guarantees, particularly in line with Article 21(a) of the Constitution, which provides for the right to a speedy and public hearing before an impartial tribunal.

The Council at the same time cautions that civil society organizations engaged in human rights advocacy would refuse to cooperate with any investigative process that fails to meet those legal and constitutional standards.

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NCSCL calls on the Global Alliance of National Human Rights Institutions (GANHRI), the Network of African National Human Rights Institutions (NANHRI), and Liberia's international development partners to closely monitor the situation and ensure that the country's Human Rights Commission maintains its independence in accordance with the INCHR Act and the Paris Principles.

The statement comes one the heel of growing controversies over the suspension of Cllr. Dempster Brown and other senior officials of the Commission over allegations of corruption, financial misconduct, abuse of office and payroll fraud.

The matter has since been referred to the Liberia Anti-Corruption Commission (LACC) for investigation; however, the National Civil Society Council maintains that while allegations of wrongdoing should be thoroughly investigated, the process must fully respect constitutional safeguards, statutory provisions, and the independence of the country's premier human rights institution.