Concerns about poorly drafted laws, weak enforcement provisions, and statutes that sometimes conflict with the constitution have prompted a new push to strengthen legislative capacity in the country, as lawmakers and legal experts gathered this week for specialized training on legislative drafting.
At the center of the discussion were blunt assessments by legal professionals who say the country's lawmaking process often suffers from weak analytical foundations and technical shortcomings.
Speaking at the opening of a three-day training session held on Wednesday, March 18, the Chairperson of the Law Reform Commission (LRC), Cllr. Bonor Varmah said poor legislative drafting is one of the most significant structural challenges facing Liberia's legal system.
"Laws do not merely fail because of poor intentions," Varmah told participants. "They fail because of poor drafting."
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According to Varmah, poorly written laws create confusion that can ultimately weaken the justice system.
"A poorly drafted law creates confusion. A confusing law invites abuse, and where abuse thrives, justice suffers," he said.
He stressed that the problem in Liberia is not necessarily the absence of laws but rather the quality and coherence of existing legislation.
"We face outdated statutes that no longer reflect current realities, overlapping legal provisions that create institutional conflicts, and ambiguities that complicate interpretation and enforcement," Varmah explained.
For Varmah, legislative drafting is therefore far more than a technical exercise.
"It is a nation-building instrument," he said. "Every word you draft can either advance justice or obstruct it."
The training is organized by the Netherlands Institute for Multiparty Democracy (NIMD) and funded by the European Union, brought together members and staff of the Liberian legislature, legal experts, and government officials in Congo Town, Monrovia.
Opening the training, Oscar Bloh, head of NIMD, said the initiative was designed to address long-standing weaknesses in the way laws are conceptualized and drafted in the country.
According to Bloh, the training emerged from consultations with legislative officials who themselves identified legislative drafting as a critical gap in the functioning of the National Legislature.
"Our experience over the years shows that in many instances the translation of policy into law has been problematic," Bloh said.
He pointed to a recurring pattern in which legislation is introduced without adequate research or a clear understanding of the problem the law is intended to address.
"One of the first challenges is that we often fail to conduct a root-cause analysis of the issue we want to legislate," he explained. "When the problem itself is not clearly defined, the law that follows may not solve the issue."
Bloh said such weaknesses often lead to statutes that are either difficult to enforce or inconsistent with existing laws and constitutional provisions.
He cited the ongoing debate surrounding legislation on Female Genital Mutilation as an example where questions remain about whether policy discussions are grounded in comprehensive research.
"Sometimes we ask ourselves: what exactly is the problem the law is trying to solve?" Bloh said.
Laws That Cannot Be Enforced
Another concern raised by Bloh is the drafting language used in many statutes, which can render laws ineffective.
He noted that certain provisions within Liberia's election-related legal framework contain language that lacks enforceable mechanisms.
"In some cases, laws are passed without sanctions," he said. "If there is a breach, what is the penalty? If the law does not specify that clearly, enforcement becomes difficult."
He also warned that political considerations often interfere with the technical process of legislative drafting.
"Legislative drafting is a legal and technical process," Bloh said. "But in many instances, political interests interfere with the process, and those interests do not necessarily serve the public good."
Bloh emphasized that the training aims to equip legislative staff and lawmakers with the technical skills needed to produce laws that are research-based, constitutionally sound, and practically enforceable.
The training also highlighted the broader role of legislative drafting in democratic governance.
Representing the European Union, Marie-Paule Neuville said strong legislative drafting ensures that political decisions translate into effective public policy.
"Democracy is not only about elections," Neuville said. "It is about the quality of the laws that govern people's lives."
She emphasized that well-written legislation reduces arbitrary interpretation, strengthens accountability, and protects citizens' rights.
Participants also discussed how weak drafting can complicate implementation of legislation.
Grand Cape Mount County Senator, Dabah Varpilah noted that some laws fail not because of poor intent but because lawmakers do not always fully consider the practical requirements for implementation.
"When we pass laws, we must ask whether we have the capacity to implement them," Senator Varpilah, who is also the Chairperson on the Senate Committee on Health, said, pointing to legislation establishing colleges across the counties.
"Passing a law is not enough. We must also consider funding, staffing, and the capacity needed to make those institutions effective."
Similarly, Bong County Representative, and Chairman of the House Committee on Rules, Order and Administration, James Kolleh warned that vague legal language often leads to unnecessary litigation and conflict between institutions.
He noted that subtle differences in wording--such as the legal implications of "shall" versus "may"--can determine whether a law creates a binding obligation or merely a discretionary action.
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The training forms part of the EU-supported Liberia Electoral Support Project, which seeks to strengthen democratic institutions in the country.
By improving legislative drafting skills among lawmakers and their staff, organizers hope to address long-standing weaknesses in the lawmaking process.
Cllr. Varmah said the training represents an opportunity to improve legislative clarity, reduce legal conflicts, and strengthen oversight.
"This is not just another workshop," he said. "It is a strategic intervention in strengthening Liberia's democratic architecture."
Many believe that the initiative could have significant long-term implications for governance in Liberia.
Stronger legislative drafting can help reduce constitutional conflicts between the executive and legislative branches, improve enforceability of laws, and minimize costly court disputes arising from ambiguous statutes.
More importantly, well-crafted laws can enhance public trust in government institutions by ensuring that legislation is clear, fair, and enforceable.
Cllr. Varmah reminded participants that the quality of a nation's governance is closely tied to the quality of its laws.
"Nations are not only governed by leaders," he said. "They are governed by laws--and the strength of those laws depends on how well they are written."
