Analysis of the Aliens and Nationality Law of the Republic of Liberia

70 Pages Posted: 26 Mar 2011

See all articles by Jessie Tannenbaum

Jessie Tannenbaum

American Bar Association Rule of Law Initiative

Anthony Valcke

University of Kent, Brussels; Vesalius College; European Citizen Action Service (ECAS)

Andrew McPherson

American Bar Association Rule of Law Initiative

Leah Mueller

American Bar Association Rule of Law Initiative

Simon Conté

American Bar Association Rule of Law Initiative

Date Written: May 1, 2009

Abstract

Liberia’s immigration and nationality laws, which were modeled on the 1952 U.S. Immigration and Nationality Act, have not been updated since 1974. Since that time, both Liberia’s political situation and international laws affecting the rights of migrants and foreign nationals have changed drastically. ABA ROLI’s analysis assessed the law, comparing it to regional and international norms and best practices. The analysis also includes a brief overview of pertinent standards and general policy considerations, highlights areas of concern and suggests reforms. It examines discrete sections of the law, drawing on commentary provided by a panel of experts on immigration, public international law and Liberia. The analysis recommends substantial reforms to the law, including full incorporation of Liberia’s international legal obligations in the domestic law, addressing the needs of trafficked and smuggled persons and ensuring the protection of immigrant children. Other recommendations include developing a regulatory framework for the implementation of immigration laws, establishing court oversight of immigration decisions, eliminating the use of outdated terminology, permitting dual citizenship and matrilineal passage of citizenship and ensuring the rights of residents of non-African descent.

The analysis was undertaken by ABA ROLI at the request of the Liberian Ministry of Justice to assist the government in redrafting and modernizing Liberia’s immigration and nationality laws.

Keywords: Liberian law, immigration, naturalisation, naturalization, law reform

JEL Classification: K19, K33, K39, K49

Suggested Citation

Tannenbaum, Jessie and Valcke, Anthony and McPherson, Andrew and Mueller, Leah and Conté, Simon, Analysis of the Aliens and Nationality Law of the Republic of Liberia (May 1, 2009). Available at SSRN: https://ssrn.com/abstract=1795122 or http://dx.doi.org/10.2139/ssrn.1795122

Jessie Tannenbaum

American Bar Association Rule of Law Initiative ( email )

321 North Clark Street
Chicago, IL 60610
United States

Anthony Valcke (Contact Author)

University of Kent, Brussels ( email )

Espace Rolin, Boulevard Louis Schmidt 2A
Brussels 1040
Belgium

HOME PAGE: http://www.kent.ac.uk/brussels/staff/profiles/external/valcke.html

Vesalius College ( email )

Pleinlaan 2
Brussels, B-1050
Belgium

HOME PAGE: http://www.vesalius.edu/biographies/anthony-valcke-llm/

European Citizen Action Service (ECAS) ( email )

Avenue de la Toison d'Or, 77
Brussels, B-1060
Belgium

HOME PAGE: http://www.ecas.org/eu-rights/eu-rights-clinic/introduction/

Andrew McPherson

American Bar Association Rule of Law Initiative ( email )

321 North Clark Street
Chicago, IL 60610
United States

Leah Mueller

American Bar Association Rule of Law Initiative ( email )

321 North Clark Street
Chicago, IL 60610
United States

Simon Conté

American Bar Association Rule of Law Initiative ( email )

321 North Clark Street
Chicago, IL 60610
United States

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