President Joseph Boakai issued Executive Order#136, an extension of previous Executive Order#112, with immediate effect establishing a National Railway Authority for Liberia.
According to President Boakai, the proposed National Railway Authority, among other things, seeks to develop rail transport policies and establish rules for the governance and management of rail assets in Liberia, including those assets ancillary to the use of rails, including assets above rail and assets below rail.
It also aims to procure the services of suitably qualified rail regulators to superintend the usage of existing rail facilities in the country in keeping with international best practices and equity. The rail regulator shall be responsible for maintaining, operating, managing, planning, and implementing the development of the Liberian infrastructure Assets system. The rail regulator shall also have the authority to coordinate access to and usage of the Liberian infrastructure Assets by Eligible users to maximize their fair, safe, and efficient use pursuant to the lawful rights of each Eligible user.
Executive Order#136, issued on October 10, 2024, continues that it is meant to establish proper offices to manage the affairs of the National Rail Authority and to staff said offices as required for the fulfillment of the functions herein described, including the offices of the Managing Director, who shall be the chief executive officer, Deputy Managing Director for Administration and Deputy Managing Director for operations, which offices shall be appointed by the President of Liberia.
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Operations of the proposed NRA shall be funded through fees levied against users of the National Railway Assets.
Executive Order#136 also seeks to facilitate and propose a draft act to be submitted to the Legislature to pass a National Rail Authority Act into law.
"It will resolve all disputes resulting from the implementation of Executive Order No. 112 and this Executive Order through arbitration under the rules of arbitration of the Liberian Chamber of Commerce and in keeping with Liberian law", the document reads.
Meanwhile, President Boakai says Executive Order#136 may not interfere with or diminish the rights of any Eligible Users obtained under previous agreements with the Government of Liberia but shall instead be interpreted to promote and regulate any such existing rights.
Executive Order No.112 was issued on October 11, 2022, to establish a National Rail Authority to regulate the use of rails as a public facility in Liberia. However, it expired through the efflux of time without the passage of the National Rail Authority Act by the National Legislature, thereby removing the legal authority upon which the Authority would function.
The Government says it remains committed to developing and enhancing the National Rails Assets for use by the Mining sector of the economy and in the transport of passengers and goods.
Government is committed to the core principles of multiple users of the rail infrastructure, wherever it may be located, in a manner that is well-regulated and fair to all users and complies with existing commitments it has made.
