Liberia

Published in 2024

Legal sources

Executive Summary

In July of 2022, Liberia’s House of Representatives passed the Whistleblower Act of 2021, which was signed into law by President George Weah in August. The law builds upon previous executive orders by Former President Ellen Johnson Sirleaf establishing protections for whistleblowers (Executive Order No. 22, Executive Order No. 43, and Executive Order No. 62). The law provides legal protections to whistleblowers employed in both private and public institutions who make protected disclosures. However, given how recently the law was passed, it remains to be seen whether it will be implemented effectively.

The Liberian Anti-Corruption Commission’s (LACC) role in enforcing Liberia’s anti-corruption law has been limited by its inability to independently prosecute corruption. Recent amendments to the law establishing the LACC’s prosecutorial power independent of the Ministry of Justice should be implemented efficiently in order to strengthen the LACC’s ability to hold corrupt actors accountable.

Since formal legal protections for whistleblowers were established only recently, there are few publicly reported cases of whistleblowers in Liberia. Effective enforcement of the Whistleblower Act and increased public awareness of the protections in the Act are key to encouraging individuals to blow the whistle on corruption in Liberia.

Tips for Whistleblowers:

Liberia’s Whistleblower Act includes legal protections for individuals who make disclosures in the public interest.
Reports can be made to law enforcement agencies, public institutions, private institutions, and civil society organizations.
The Liberia Anti-Corruption Commission has the power to investigate all acts of corruption in the private, public, and civil society sectors. Corruption can be reported on LACC’s website, although individuals are required to provide their name and email.

Laws and measures related to whistleblowers

Whistleblower Act of 2021

The Whistleblower Act provides legal protections to individuals employed in public or private institutions who disclose information in the public interest. Protected disclosures include information relating to the commission of a criminal offense, a miscarriage of justice, the endangerment of the health or safety of an individual, the degradation of the environment, price-fixing, and corruption, dishonesty, or serious maladministration in a governmental body or private institution.

Whistleblowers are legally protected from retaliation by employers, fellow employees, and other individuals—they may not be dismissed, suspended, reassigned, denied any right or privilege, subjected to discriminatory action, or blacklisted because they made disclosures.

In order to qualify for protections, whistleblowers must make disclosures with a reasonable belief that the information is true. However, disclosures are not protected if the individual making the disclosure is in violation of criminal law or other statutory provisions. Whistleblowers are protected from liability in civil, criminal, or administrative cases if they are acting under the Act’s provisions, even if it is later determined that the information they disclosed was incorrect.

Disclosures may be made to law enforcement agencies, public and private institutions, civil society organizations, and “other persons who are capable of acting and investigating the disclosure.” Investigations undertaken in response to protected disclosures must be completed within 30 days.

While the institution receiving the disclosure must record the whistleblower’s identity, the law clarifies that the record must be made in a form that protects the identifying information of the whistleblower and ensures confidentiality pending investigation of the matter.

The law also outlines a whistleblower reward program, in which whistleblowers whose disclosures result in the recovery of an amount of money shall be rewarded with 5 percent of the amount recovered.

Constitution of the Republic of Liberia

Article 15 of the Constitution guarantees the right to freedom of expression, which includes freedom of speech and the press. Freedom of expression may be limited only by judicial action in proceedings grounded in defamation or invasion of the rights of privacy and publicity.

Article 16 guarantees the right to privacy, providing that “no person shall be subjected to interference with his privacy of person, family, home, or correspondence except by order of a court of competent jurisdiction.”

Knowledge, Support, and Action Centres

Liberia Anti-Corruption Commission (LACC)

LACC is a government agency tasked with investigating and prosecuting acts of corruption.

Tubman Boulevard, Congo Town

Monrovia, Liberia

Tel: (+231) 77 028 2642

lacc.gov.lr

laccliberia@gmail.com

Liberia CSOs Anti-Corruption Coalition (LCACC)

LCACC is a coalition of civil society organizations that promotes transparency and accountability in Liberia’s public sector and advocates for anti-corruption reforms.

1st Floor Old Sheila Cinema Building

Carey Street

1000 Monrovia, 10 Liberia

Tel: (+231) 77 017 2157

lcaccliberia.wixsite.com

lcacc.liberia@gmail.com