By Mark Mengonfia- mmenginfia@gmail.com
Liberia’s House of Representatives has unanimously voted and passed the domestic violence proposed Act of 2019, leaving it with the Senate for concurrence.
The Bill, which has been at the Capitol for nearly five year, was passed with a condition during the House’s Thursday plenary session that all the corrections be made in the Bill; and said corrections after they are done be presented to the House of Representatives before it is sent to the Liberian senate.
Forty one members of that body on this Thursday voted to have the instrument passed.
But before the “landmark” passage as it was described by some lawmakers, the Bill has spent over five years at the Liberian legislature.
The Domestic Violence Bill was introduced during the presidency of Liberia and Africa’s first elected female President, Ellen Johnson Sirleaf, but it suffered setbacks then.
Members of that body years ago passed the instrument but due to the inclusion of Female Genital Mutilation (FGM) as a criminal offense, it was denied by the Liberian Senate thus causing it to linger in committee room of the Senate.
Moreover, apart from the issue that has to do with FGM, the Liberian senate years by raised lots of other sticky issues which caused the Liberian senate to have placed a stop to the instrument.
The Committees on Judiciary, Good Governance and Gender and Children Protection in their report to that body which informed the plenary’s decision to pass the instrument told their colleagues that the law was good for the Liberian society.
They justified to their colleagues that the law does not give protections for women only, but protects everyone in the Liberian society.
According to the law, what constitutes domestic violence are not limited to act of physical or sexual violence, patterns causing emotional, verbal, or psychological abuse as certified by a psychologist, psychiatrist, or behavioral specialist licensed to practice in the Republic of Liberia, after examination of the victim.
Other acts that constitute domestic violence, according to the Bill also include threats to commit or committing acts constituting economic abuse, deliberate prevention from engaging in any legitimate profession, occupation, business in common.
Although the law was unanimously passed in its totality based on the request of the Joint committee but some of the issues raised by some lawmakers were that how emotional, verbal, or psychological abuse could be considered as a domestics violence.
On Tuesday and Thursday of this week, members of that body were busy deliberating on the importance, good and bad side of the instrument.
With the passage of the bill by the HOR and possible concurrence by the Liberian Senate, means that when a husband or wife commits acts of physical or sexual violence, causes emotional, verbal, or psychological abuse as certified by a psychologist, said person has violated the Domestic Violence Laws of Liberia and is punishable by imposing a fine as provided in Session 50.9 of the Penal Law of Liberia.
Session 16.24 which speaks to punishment, rehabilitation, fines and consent says “A person on a domestic relationship who engages in domestic violence commits a misdemeanor of the first degree and is liable on conviction of a fine, as provided foe under Session 50.9 c of the Penal Law and or imprisonment not exceeding 1 year”
Other provisions in the law states that “The court may in addition to imposing a fine or imprisonment, order the defendant to pay compensation to the survival / victim of an amount determined by the court.”
These and other provisions are just open thus giving the judiciary the description to decide, according to some lawmakers.
Some of these lawmakers held the views that the committee be given more time to clearly give meanings to some of the terminologies used in the instrument and as well close some of the open gaps; this request was not adhered to by majority of the lawmakers.
Now it is with the Liberian Senate to concur with their colleagues from the other aide of the Building.
Upon the passage of the instrument by, former Assistant Minister of Gender, Kula Fofana lauded members of that body for allowing the Bill pass it’s first step.
She said “the work has just started. We are hopeful that it will be passed by the Senators this time.