“Liberia’s Constitutional Promise: Holding America Accountable on this Independence Day”-An Open Letter to the Liberian Government–Supreme Court:

I write this appeal as we approach the commemoration of our 176th Independence Day with a profound sense of urgency and an impassioned plea for justice–invoking Article 1 of the Liberian Constitution of 1824, which granted all persons born in Liberia the entitlement to the privileges enjoyed by citizens of the United States. The historical context surrounding this provision, along with the legal obligations it entails, demands that we collectively urge the United States to acknowledge and uphold the rights and privileges of the descendants of the settlers, whether residing in Liberia or the United States.

History has bound Liberia and the United States together through the colonization efforts of free people of color, seeking freedom and opportunities denied to them in the United States due to discriminatory laws and policies. It is crucial to recognize that the Act of the US Congress passed in 1790, which limited US citizenship to “free white persons,” played a significant role in this historical context.

My legal argument revolves around three fundamental pillars: continuity of rights, equality, non-discrimination, and reparative justice.

Firstly, the principle of legal continuity dictates that obligations arising from historical acts and agreements endure over time. The historical connection between Liberia and the United States, as evidenced by colonization efforts and the constitutional provision in question, establishes a legal and moral responsibility for the United States to honor the rights and privileges granted to the descendants of the settlers.

Secondly, the United States has made strides in recognizing the principles of equality and non-discrimination within its legal framework. International human rights principles also emphasize the right to equality and non-discrimination. By denying the descendants of the settlers their entitlement to the privileges enjoyed by US citizens, the United States perpetuates a historical injustice. It violates its own constitutional and international obligations. It is incumbent upon the United States to rectify this discrepancy and ensure that the descendants are afforded the same rights and privileges as other US citizens.

Lastly, reparative justice calls for acknowledging historical wrongs and addressing the lasting effects of past injustices. The colonization and subsequent provision of privileges to the settlers in Liberia were a direct consequence of the Act of the US Congress and the policies of the American Colonization Society. To fully address the historical harm inflicted upon the descendants of the settlers, the United States must recognize their rights and privileges, irrespective of their current residence.

In light of these arguments, I beseech the Liberian Government and Supreme Court to appeal to the United States to take the necessary steps to uphold the rights and privileges of the descendants of the settlers. We urge the United States to:

1. Recognize Birthright Privileges: Grant the descendants of the settlers access to the same rights and privileges enjoyed by other US citizens, regardless of their current place of residence.
2. Establish Dual Citizenship Arrangements: Create dual citizenship arrangements with Liberia, allowing the descendants to maintain their Liberian citizenship while enjoying the full rights and privileges as US citizens.
3. Publicly Acknowledge and Apologize: The United States should publicly acknowledge the historical wrongs committed by denying citizenship rights to individuals of African descent under the Naturalization Act of 1790 and issue a formal apology to the descendants of the settlers.
4. Provide Educational and Economic Support: Extend educational and economic support to the descendants of the settlers in Liberia and the United States through scholarships, vocational training programs, and economic development initiatives.
5. Collaborate with Liberia: Collaborate closely with the Liberian government to protect and promote the rights and privileges of the descendants of the settlers through joint initiatives and policy coordination.

By championing these measures, the United States can demonstrate its commitment to justice, equality, and human rights both domestically and internationally. Let us stand united in the pursuit of justice and equality for all, and may our collective appeal urge the United States to hold itself accountable to its historical obligations and rectify the wrongs of the past.

May justice prevail, and may the legacy of the Liberian Constitution of 1824 continue to guide us toward a fairer and more equitable future.

Respectfully,

Professor Adam M. Kyne Ph.D

International Human Right Advocate

M. Kyne Collegiate Resource Center