“Under the Protocol 1 of the European Convention on Human Rights, the concept
of property is very broadly defined by reference to all the proprietary interests of
an individual. It covers a range of economic interests: “movable or immovable
property, tangible and intangible interests, such as shares, patents, an arbitration
award, the entitlement to a pension, a landlord’s entitlement to rent, the
economic interests connected with the running of a business and the right to
exercise a profession...” (Protocol I of the ECHR is pari material with Article 14 of
the ACHPR)
In further support of the above opinion the ECHR has held in the case of BÉLÁNÉ
NAGY v. HUNGARY (Application no.53080/13) JUDGMENT STRASBOURG 10
February 2015 @ 36 that:
“Article 1 of Protocol No. 1 places no restriction on the Contracting State’s
freedom to decide whether or not to have in place any form of social security
scheme, or to choose the type or amount of benefits to provide under any such
scheme. If, however, a Contracting State has in force legislation providing for the
payment as of right of a welfare benefit - whether conditional or not on the prior
payment of contributions - that legislation must be regarded as generating a
proprietary interest falling within the ambit of Article 1 of Protocol No. 1 for
persons satisfying its requirements”
58. The court notes that the combined reading of article 20 (a) of the 1986 Liberian
Constitution and Article 14 of the ACHPR guarantees the right to property. Following
from the analysis and the jurisprudence from different jurisdiction, the court reaffirms and holds that pension is property with attendant right to be protected in
accordance with the law. While the court has held that pension is property to which
a proprietary right can be claimed, it should however be noted that this right is not
absolute as it can be derogated from in accordance with the law or when necessary
in a democratic society. The Court, in its analysis of the instant case finds no specific
provision of the law which entitles a denial of the Applicant’s pension and other
entitlements. Even though the Respondent contended that based on the Applicant’s
resignation as provided for in the Abuja Accord, he is precluded from claiming the
rights under the Act, the Court has already ruled that the Abuja Accord which allows
resignation before the end of the Applicant’s tenure does not constitute a bar to his
entitlement. Additionally the Respondent has not justified the denial of the pension
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