Liberia: Is There Peace in the Graveyard?

opinion

There is a quiet promise we make when we lay our loved ones to rest. A promise not written in law alone, but etched into culture, tradition, memory, and dignity among so many other considerations. The graveyard is meant to be a sanctuary of peace, a place of rest, where grief softens into remembrance, and where the living trust that the dead will remain undisturbed. The epitaph is universal in the Anglo-Saxon world... RIP. Rest In Peace.

Perhaps RIP could be viewed as philosophical to be treated as a separate subject at another given time.

But what happens when the promise of Rest is apparently and obviously threatened?

Across many cities, including here in Monrovia, questions are emerging about the condition, management, and even the future of cemeteries. When families purchase burial plots, they do so with the expectation of permanence--the consideration for what some might call "eternal rest." This understanding carries legal, emotional, and even moral weight. It is not merely a transaction of a plot of land, or a second tier about just a family plot, but a covenant of respect between the living, the dead, and the institutions that govern the public space called a Cemetery.

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Yet the current reality on the ground is deeply troubling. In many instances, graveyards have become places of disorder, chaos, and a national eyesore rather than places of order and dignity, and of respect and tolerance with matched decency amongst the living.

Reports and daily observations point to the presence of disadvantaged youth and street dwellers who now use these sacred spaces for a variety of uses, including shelter within the graves ...for the living to disturb the rest. While their circumstances may reflect broader social challenges, the consequences within the cemetery are alarming. There are growing concerns about various kinds of criminal activities taking place within graveyard sites, the breaking into and desecration of family graves, and the unsanitary, unsightly, unkept, unclear, and forest-like areas that have overtaken burial sites.

Even more distressing is the use of cemetery spaces for open defecation and as informal toilet areas. Such conditions not only degrade the environment but also fundamentally violate the sanctity of the space. A place meant for quiet reflection and respect is instead becoming associated with neglect, insecurity, public health risks, and plain, outright nuisance.

At the heart of this issue lies the role of the city government. What do they owe the deceased and their families? At minimum, there is an obligation to maintain order, cleanliness, and security. A cemetery overtaken by neglect--overgrown, littered, unsafe, or desecrated--reflects not only a failure of maintenance but a deeper erosion of societal values. The state of a graveyard can become a mirror of the state of society itself.

And how and what are the loud whispers being considered to tackle or wish this problem away?. So many options, but none of which include consultations with the families from the first president, JJ Roberts, to 3 prominent National Imams, alongside so many once prominent and so many ordinary people who have completed the circle of life.

The idea that a cemetery overrun by chaos could now be cleared to make way for commercial development, such as a hotel or resort, raises serious legal and ethical concerns.

In many parts of the world, disturbing burial grounds requires strict legal processes, including public notice, consultation with families, and in some cases, religious or cultural rites for reburial. Even where laws permit relocation, the process is expected to be handled with transparency and deep respect.

Do families have a right to be consulted? In principle, yes. When plots are purchased--especially family plots--there is a reasonable expectation that descendants will have a say in any decisions affecting those graves. Ignoring this would not only risk legal challenge but also public outrage, as it violates deeply held beliefs about honoring the dead.

What about the idea of "peace" in a cemetery? While city ordinances may not always define peace in poetic terms, they often include provisions about order and quiet alongside proper conduct, sanitation, and preservation. These rules exist to protect the solemn nature of such spaces. Peace in this context is not just silence--it is order, safety, cleanliness, and continuity.

The observation about the link between the condition of cemeteries and the broader state of society is compelling. A neglected and disorderly graveyard may signal more than budget constraints; it may point to a breakdown in collective responsibility and declining values of life and the belief, if any, in life after death. When we fail to care for the resting places of the dead, we risk dulling our sensitivity to any form of dignity to the living.

The reports about potential redevelopment near Payneville Duport Road and Palm Grove, Center Street, deserve careful scrutiny. If true, they raise urgent questions: is this the way to handle what appears like a national calamity looming over or right in the middle of the city?

Who decides? And at what cost to memory, heritage, and respect?

Ultimately, the question "Is there peace in the graveyard?" is not just about the dead. It is about us--the living--and the values we choose to uphold. A society that allows its cemeteries to fall into chaos, misuse, and neglect must confront what that says about its commitment to respect, order, and humanity. Without that commitment, the silence of the graveyard becomes something else entirely--not peace, but abandonment.

See Below for References

Global Contexts

1. Burial Act 1857 (United Kingdom) - 1857

One of the earliest modern statutes protecting burial grounds. It criminalizes unauthorized disturbance of human remains and establishes the principle that graves are legally protected and not subject to arbitrary interference.

2. Gamage v. Masonic Cemetery Association - 1929 (United States)

A foundational case affirming that cemetery land is held under a special trust-like obligation. Courts held that cemeteries cannot be converted to non-burial uses without strict legal justification and procedural safeguards.

3. Burial Law Policy Review - University of York - 2014 (United Kingdom)

A policy study emphasizing that cemetery governance requires public consultation, municipal oversight, and legal regulation before reuse, relocation, or redevelopment of burial grounds.

4. Native American Graves Protection and Repatriation Act (NAGPRA) - 1990 (United States)

Enacted after public concern over destruction of burial sites during development. It requires consultation with descendant communities and protects graves from commercial or institutional disturbance.

5. Re St. Nicholas Radford - 2019 (United Kingdom, Consistory Court)

Reaffirmed the principle of "permanence of burial", holding that exhumation is only allowed under exceptional circumstances and must be legally justified and sensitively handled.

6. Morwamakoto and Others v. Radingwana and Others - 2023 (South Africa High Court)

Held that exhumation or disturbance of graves requires formal authorization, strict legal compliance, and public interest justification, reinforcing procedural protection of burial sites.

African and West African Contexts

7. Public Health and Cemetery Regulations - Ghana Local Government Practice - 2016-Present

Ghana's local government bylaws governing cemeteries (including Accra and Kumasi metropolitan areas) require:

Municipal control of burial grounds

Maintenance of cemetery sanitation and security

Restrictions on unauthorized burials and grave disturbance

These regulations reflect the principle that cemeteries are public trust spaces under local authority protection.

8. Environmental Health and Burial Management Regulations - Nigeria (Various States) - 2000s-Present

In states such as Lagos and Abuja, environmental health laws require:

Controlled burial procedures

Prohibition of cemetery encroachment and dumping

Municipal approval before grave relocation

Nigerian municipal practice reinforces that cemeteries must be protected from urban development pressure and informal settlement encroachment.

9. Cemetery and Burial Ground Management Practice - Sierra Leone (Freetown City Council) - 2010s-Present

Freetown municipal authorities have issued guidelines on:

Prevention of illegal occupation of cemeteries

Protection against vandalism and grave robbery

Enforcement against bush encroachment in burial sites

These reflect ongoing challenges of urban cemetery neglect and informal use of graveyards.

10. Urban Governance and Cemetery Protection - Côte d'Ivoire (Abidjan Municipal Policy) - 2015-Present

Abidjan city management practices include:

Structured cemetery zoning

Restrictions on land conversion of burial grounds

Family notification procedures for grave relocation

These policies reflect a balance between urban expansion and respect for burial sanctity.

11. African Charter on Human and Peoples' Rights - 1981 (OAU / African Union Framework)

While not specifically about cemeteries, it protects:

Human dignity

Cultural rights

Family and community values

These provisions are often interpreted in African legal discourse to extend protection to burial customs and ancestral resting places.

12. African Traditional Governance Principles (West African Customary Practice - Long-standing, documented in modern ethnographic law studies)

Across many West African societies, burial sites are regarded as:

Sacred ancestral spaces

Communal heritage zones

Areas requiring ritual protection and respect

This customary principle strengthens the expectation of non-disturbance and communal consultation before any interference with graves.

Summary of Legal and Regional Direction

Across international, African, and West African frameworks, a consistent principle emerges:

Cemeteries are protected cultural and legal spaces

Burial rights create long-term expectations of permanence

Municipal authorities hold cemeteries in public trust responsibility

Exhumation or redevelopment requires strict legal process and consultation

West African practice strongly reinforces communal respect, sacredness, and non-commercialization of graves

Neglect, encroachment, or misuse of cemeteries is treated as both a public health and governance failure

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