House to sign Resolution For War Crimes Court

MONROVIA: Following an epic visit of United States Ambassador At Large Beth Van Schaach and her team from the office of the Global Criminal Justice (J/GCJ) to Liberia which met with House Speaker Fonati Jonathan Koffa yesterday at the Capitol Building, members of the House of Representatives are said to be poised to sign a resolution establishing the War and Economic Crime Court for Liberia.

Confirming the visit of Ambassador-At-Large Schaach, Speaker Koffa wrote on his Facebook Page, stating, “I made clear to the Ambassador-at-Large that we support Justice for war victims but we won’t be rash or insensitive to the concerns of people who feel targeted”.

“This will be done right, and if it is what our people want, their elected representatives will say so through their votes,” the Speaker said, adding, “As Speaker, I will make sure the debate is thorough and that it considers everything; reconciliation, maintenance of peace and fairness to alleged perpetrators.”

Just as the Facebook post of Speaker Koffa was trending yesterday, a draft of Resolution calling for the establishment of the War and Economic Crimes Court in Liberia surfaced to the public.

Just in the aftermath of the visit of the international delegation to Liberia, a Resolution establishing the much-talked about War and Economic Crime Court leaked to the media which considered the mayhem during the series of civil wars in Liberia from 1989 to 2003.

The Liberian civil debacle resulted in death and destruction across the country, including the displacement of nearly half the population, horrific abuses, including summary executions, massacres, rape, and other forms of sexual violence, mutilation and torture and forced conscription and use of child combatants.

Just few days ago, Allen White, a global justice advocate spoke with President Joseph N. Boakai on the prospect of establishing the war and economic Crime Court for Liberia, and it was after the discussion, perhaps coincidently, that United States Ambassador At Large Beth Van Schaach and her team from the office of the Global Criminal Justice are making their visit to Liberia.

The Resolution says “whereas, Article XIII of the Liberia Comprehensive Peace Agreement signed on August 18, 2003, provided for the establishment of a Truth and Reconciliation Commission (TRC) to provide a forum that will address issues of impunity, as well as an opportunity for both victims and perpetrators of human rights violations to share their experiences in order to get a clear picture of the past to facilitate genuine healing and reconciliation”

The Resolution underscored that the Liberian Legislature enacted the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT) in 2005, formally creating the TRC with a mandate to promote national peace, security, unity, and reconciliation by investigating gross human rights violations and violations of humanitarian law, sexual violations, economic crimes that occurred between January 1979 and October 2003, noting that the Liberian Legislature enacted the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT) in 2005, formally creating the TRC with a mandate to promote national peace, security, unity, and reconciliation by investigating gross human rights violations and violations of humanitarian law, sexual violations, economic crimes that occurred between January 1979 and October 2003.

According to Section 48 of the TRC Act it provides that “The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and on a quarterly basis thereafter as to the implementation of the Commission’s recommendations,” and “All recommendations shall be implemented,” and “Where the implementation of any recommendation has not been complied with, the Legislature shall require the Head of State to show cause such non-compliance,”

The Truth and Reconciliation Commission (TRC) submitted its final report to the National Legislature on December 19, 2009, recommending the establishment of an Extraordinary Criminal Court of Liberia, an international domestic court with authority to prosecute individuals accused of gross human rights violations, serious humanitarian laws violations, and certain domestic crimes.

Noting that the Government of Liberia has not fully implemented the recommendations of the Truth and Reconciliation Commission to date, including the establishment of an Extraordinary Criminal Court for Liberia, despite being obligated to do so under the TRC Act.

According to the draft Resolution, Liberia has not prosecuted a single person for the grave crimes committed during its armed conflicts from 1989 to 2003; and that the United Nations (UN) and other international partners have experience with the creation and functioning of war crimes courts, including courts with international and domestic participation and expertise.

Besides, the draft Resolution indicated that the UN Human Rights Committee in July 2018, expressed, with regard to Liberia, “concerns that none of the alleged perpetrators of gross human rights violations and crimes mentioned in the TRC report has been brought to justice” and urged Liberia to establish a process to bring about accountability from past crimes and report back to the issue of impunity and accountability for civil wars -era crimes by 2020;

Therefore as a result of the aforesaid, the House of Representatives resolved in Legislature assembled and expressed its support for full implementation of the TRC recommendations, including the establishment of an Extraordinary Criminal Court in Liberia and committed to working with President Joseph Nyumah Boakai for the Court’s establishment.

“Based on Section 48 of the TRC Act that provides that “The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and on a quarterly basis thereafter as to the implementation of the Commission’s recommendations,”  therefore this matter before us is overdue, and that the president should act effectively, immediately on said legislative enactment without seeking advice from the legislature because, the TRC is already and Act of enacted by the Legislature that is awaiting full  implementation.

On the same note, the House says in keeping with Section 48 of the TRC Act, it has committed to providing funding for the conversion of the records of the Liberian Truth and Reconciliation Commission, conserving the records of the TRC would be crucial in serving the several purposes including to ensure the availability and ownership of the country’s collective memory on the conflict, the TRC is just but a fraction of the colossal information contained in these records and to form an indispensable part of the implementation of the TRC recommendation, promote the culture of justice, rule of law and bolster the ongoing democratization process in Liberia.

The House further commit itself to providing funding for the conversion of the records of the Liberian Truth and Reconciliation Commission so as to be a lasting legacy and tribute to the thousands of victims and witnesses whose selfless contribution to the process led to the generation of these records, stating that the conversion of the TRC records will also ensure that state and international resources put in the TRC process were worth the exercise.

The House also call on President Boakai to work with the United Nations, international partners, institutions, and civil society organizations for assistance in establishing the Extraordinary Criminal Court in Liberia in a manner that allows the trial of international crimes in accordance with international standards and best practices, and recognizing that economic crimes are the progenitor of war crimes, calls for legislative action to establish Economic Crimes Court for the swift and speedy trial of corruption and economic crimes.

Sources at the Legislature states that the Office of the Speaker is currently engaged soliciting signatures for attestation from three Representatives from Bomi, seven Representatives from Bong, three Representatives from Gbarpolu, four representatives from Bassa and three representatives from Grand Cape Mount County.

From Grand Gedeh County, the Speaker is soliciting signatures of three Representatives, two from Grand Grand Kru, five from Lofa, three from Maryland County, five from Margibi County, 17 from Montserrado County, nine from Nimba, three from Rivercess, and three from River-Gee.

Legislative pundits said when the members of the House of Representatives signed the draft resolution, they will send it to the Senate for concurrence after which the actual erecting of the War and Economic Crime Court will be affected.

Students of law and government say that the Court will try corrupt officials who squandered public funds in preceding governments including the Ellen regime and the six years of rule of the Coalition for Democratic Change (CDC), noting that the establishment of the War and Economic Crime Court was overdue.

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