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Liberia: Final Statement From the Truth Commission

6 July 2009

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document

Nearly three and half years ago, we embarked upon a journey on behalf of the people of Liberia with a simple mission to explain how Liberia became what it is today and to advance recommendations to avert a repetition of the past and lay the foundation for sustainable national peace, unity, security and reconciliation.

Considering the complexity of the Liberian conflict, the intractable nature of our socio-cultural interactions, the fluid political and fragile security environment, we had no illusion of the task at hand and, embraced the challenge as a national call to duty; a duty we committed ourselves to accomplishing without fear or favor.

Today, we have done just that! With gratitude to the Almighty God, the Merciful Allah and our Lord and Savior Jesus Christ, we are both proud and honored to present our report to the people of Liberia, the Government of Liberia, the President of Liberia and the International Community who are "moral guarantors" of the Liberian peace process.

This report is made against the background of rising expectations, fears and anxiety. The vast majority of us who are victims or survivals of the massive wave of atrocities induced by the conflict, expect that all the recommendations contained in this report will be implemented and reparations in the forms of compensation, policy and institutional reforms, specialized services, restitution or financial relief, will address all our social, economic, cultural, civic and political rights issues, ensure accountability, undermine impunity and foster national healing and reconciliation.

The few of us who commanded the forces of arms, financed, resourced and provided political and ideological guidance to several warring factions, we fear alienation, prosecutions and other forms of public sanctions which may undermine our current socio-economic and political stature acquired during the conflict period. Though this latter group of us equally desire national healing and reconciliation, it should be accomplished without any cost to our current standing and prestige.

Bygones must be bygones. Having no regard for the rule of law, we ignored the TRC Process and when we opted to cooperate and appear before the Commission, we deliberately lied and failed to speak truthfully about the scale of our participation and deeds as a show of remorse and contrition which acknowledges the pains and sufferings of victims and triggers the national healing and reconciliation we profess to desire.

A true transitional justice process, as the TRC of Liberia, is never a perfect human endeavor; and will not satisfy all segments of our society. It is equally true that the TRC may never meet all the expectations or allay all the fears of contending interests it naturally arouses. Expectations, fears and anxieties, justifiably so, are products of the TRC process and not its outcome. The process is what justifies or legitimizes the product or the outcomes.

The outcome in this report is the product of deliberate planning and engagement with all segments of our society centering on all 15 counties of Liberia and the Diaspora. Capturing over 22,000 written statements, several dozens of personal interviews and over 500 hundred live public testimonies of witnesses including actors, perpetrators, and direct victims; a national regional consultation with county stakeholders and a national conference on reconciliation and the way forward provided the Commission a national perspective of the conflict, its causes, trends, impacts and the vision and aspirations of the people of Liberia for a better future.

The Commission incorporated desk research, media publications and human rights reports of very prominent international and local human rights institutions into its work. So guided and informed, the Commission is well poised to make this report and draw the conclusions and make the recommendations contained in this report which in four volumes documents the comprehensive work of the Commission.

We extend appreciation to all, locally and internationally, who supported and worked with the Commission to ensure it succeeds at its mandate. We mention the Government of Her Excellency, Ellen Johnson-Sirleaf, the National Legislature including the House Standing committee on Peace and Reconciliation, The International Contact Group on Liberia (ICGL), Minnesota Advocates for Human Rights and the hundreds of volunteers across the USA, the media and dozens of civil society institutions, who were very interested and supportive of the process and lastly but not the least, the people of Liberia everywhere, not only for their support but most importantly for their abiding faith and confidence in the process and our ability to successfully navigate and pilot suavely through the many turbulences we encountered along the way.

We call on all to view this report and use it as a tool, blueprint and foundation for carving a better, brighter and more secured future for posterity. The purpose of our work was not necessarily to please anyone but to objectively and independently execute the mandates of the TRC realistically and objectively in patriotic service to the nation in unraveling the truth of our national nightmare.

This report is our roadmap to liberation and lasting peace which means that reconciliation in Liberia is never again an elusive goal. It is both a possibility and a reality we must achieve by opening our hearts and accepting the realities and consequences of our national existence and move forward.

This report is a contribution to that process and it is our prayers that all Liberians will see it that way and work for the full implementation of the recommendations without fear or favor or respect for any man. When we do this, the love of liberty â-šwhich brought us hereâ-› will â-šbring us togetherâ-› under God's Command so that this sweet and glorious land of liberty will forever be ours.

Jerome J Verdier, Sr. (Cllr) - Chairman

DISSENTING/REPORT OF CLLR. PEARL BROWN BULL COMMISSIONER, TO THE FINAL REPORT VOLUME 1, CONSOLIDATED FINAL REPORT VOLUME 11 OF THE TRUTH AND RECONCILIATION COMMISSION OF LIBERIA JUNE 30, 2009.

I did not sign the Consolidated FINAL REPORT, Volume II of THE Truth and Reconciliation Commission of Liberia, and dissent to said Reports for the following factual, legal and prudent reasons to wit;

1.0 The TRC Decisions on prosecution and lustration emanating from the TRC Public Hearings; The Advocates for Human Rights (USA.) Diaspora Report; The National Conference on Reconciliation, convened by the TRC, and Co-Chaired by the Governance Reform Commission and "additional research findings" from others, are not in consonance with

The 1986 Constitution of the Republic of Liberia,

The Act to Establish the Truth and Reconciliation Commission (TRC) of Liberia,

Truth and Reconciliation Commission of Liberia (TRC) RULES and Procedures REVISED April 2007.

Act To Grant Immunity From Both Civil;

AND CRIMINAL PRECEEDINGS AGAINST ALL PERSONS WITHIN THE JURISDICTION OF THE REPUBLIC OF LIBERIA FROM ACTS OR CRIMES COMMITTED DURING THE CIVIL WAR FROM DECEMBER 1989 TO AUGUST 2003. Published Authority, August 8, 2003

Supreme Court of Liberia, Decision, Bull Versus The TRUTH And Reconciliation Commission decided January 30, 2009.

The Results from Beneficent Technology (Benetech) Database an American hired company in the United States of America who worked with the TRC Commission

The Comprehensive Peace Agreement between the Government of Liberia and The Liberians United For Reconciliation And Democracy (LURD), The Movement For Democracy In Liberia (MODEL) and Political Parties,, Accra, Ghana, 18th August 2003.

I cannot concur with my Fellow Commissioners that "Prosecution in a Court of Competent Jurisdiction and other forms of Public sanction will foster genuine reconciliation, combat impunity to promote justice, peace and security" for any person or persons whether military or civilian who committed crimes or Acts within the period covered 1980- to the adoption of the 1986 Constitution.

Article 97 (a) and (b) of the 1986 Constitution states:

no executive, legislative, judicial or administrative action taken by the People's Redemption Council or by any persons, whether military or civilian, in the name of that Council pursuant to any of its decrees shall be question in any proceedings whatsoever; and, accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect of any such act.

No Court or other tribunal shall entertain any action whatsoever instituted against the Government of Liberia, whether before or after the coming into force of this Constitution or against any person or persons who assisted in any manner whatsoever in bringing about the change of Government on the. 12th day of April, 1980, in respect of any act or commission relating to or consequent upon:

The overthrow of the government in power in Liberia before the establishment of the People's Redemption Council

The suspension of the Constitution of Liberia on July 265, 1847;

The establishment, functioning and other organs established by the People's Redemption Council

The imposition of any penalties, including the death penalty, or the or the confiscation of any property by or under the authority of the People's Redemption Council in pursuance of but not limited to the Measures undertaken by the Council to punish persons guilty of Crimes and malpractice to the detriment of the Liberian Nation, the People, the economy, or public interest; and;

The establishment of this Constitution. I consider it relevant to quote the entire Act enacted by the Senate and the House of Representatives of the Republic of Liberia, August 7, 2003, with Executive Approval on April 8, 2003, by the President of the Republic of Liberia, Dahkpannah Dr. Charles Ghankay Taylor.

ACT TO GRANT IMMUNITY FROM BOTH CIVIL AND CRIMINAL PRECEEDINGS AGAINST ALL PERSONS WITHIN THE JURISDICTION OF THE REPUBLIC OF LIBERIA FROM ACTS OR CRIMES COMMITTED DURING THE CIVIL WAR FROM DECEMBER 1989 TO AUGUST 2003. Published Authority, August 8, 2003

WHEREAS, the fundamental rights and dignity of the people of the Republic of Liberia were curtailed and hi-jacked by the regimes of the 1980 Coup de tat and that of the 20th President of the Republic of Liberia; and,

WHEREAS, during these regimes, tribalism and sectionalism were at its highest Peak which culminated into tribal killings mayhem and destruction; and,

WHEREAS, during these regimes, tribalism and sectionalism were at its highest Peak which culminated into tribal killings mayhem and destruction; and,

WHEREAS, as a result of these acts committed against peaceful and law abiding citizens of Liberia from devise background, Liberians begin afraid of losing their lives, exiled themselves, while others reluctantly stay in Liberia to be maimed by those repressive regimes and,

WHEREAS, a group of exiled patriotic Liberians under moral and divine obligations to liberate Liberia and Liberians from the yoke of terror, tribalism and untimely death united under the banner of the NPFL ((National Patriotic Front of Liberia) and launched a popular civil uprising welcome by more than 80% of Liberians in Liberia as exhibited by the granting of legitimate, constitutional and democratic state power to the Political wing-NPP (National Patriotic Party) and,

WHEREAS, before the Special Election of July 1997, all former warring factions; NPFL, AFL, ULIMO-K, ULIMO-J, LPC, Lofa Defense Force were engaged in a seven year old civil war; and,

WHEREAS, the Special Election of July 1997 with subsequent inauguration on August 2, 1997 marked the end of a seven year old civil war which brought into being a Government of inclusion with all former Warring Factions and

Political Parties on board; and

WHEREAS, some former contestants of July 1997 Special Elections and members of Warring Factions left the Government and exiled themselves in neighboring Countries; and,

WHEREAS, these individuals grouped into separate Warring Factions namely Liberians United for Reconciliation and Democracy (LURD), and the Movement for Democracy in Liberia (MODEL) and launched a fratricidal, ethnic and religious war against the NPP led government and the peace-loving and war-weary Liberians from August 1999 and up to present; and,

WHEREAS, these events have led to another civil war which has up rotted all Liberians, killed some, thus bring back tribal and religious hatred ; and,

WHEREAS, there is a need for total reconciliation among Liberians of all ethnic, cultural and religious backgrounds, with in and out of Liberia.

NOW THEREFORE;

It is enacted by the Senate and the House of Representatives of the Republic of Liberia in Legislature assembled:

Section I.

"That from and immediately after the passage of this Act, Immunity hereby granted from both civil and criminal proceedings against persons, Officials of Government Representatives of Warring Factions and combatants within the jurisdiction of the Republic of Liberia from all acts, and or crimes committed by them during the 13 (thirteen) years and 8 (eight) months of the civil wars covering from December 1989 to August 2003.

Section II.

This Act shall take effect immediately upon the publication in hand bill.

ANY LAW TO THE CONTRARY NOTWITHSTANDING.

In a letter dated August 7, 2003 Republic of Liberia President, Charles Taylor wrote a letter to the Honourable Legislature in compliance with Article 35 of the 1986 Constitution of Liberia.

REPUBLIC OF LIBERIA

Office of the President

August 7, 2003

The Honorable

The Liberian Senate (IN-SESSION)

Capitol Building

Monrovia

Ladies and Gentlemen;

I have the honor to inform that Your Honorable Body's Engrossed Bills Nos. 1& 2 entitled:

"AN ACT GRANTING AGRICULTURE LAND TO

VETERAN MILITIA SOLDIERS OF THE ARMED

SERVICES OF LIBERIA"...and

Have today received Executive Approval

Cordially,

Dahkpannah Dr. Charles Ghankay Taylor

I attach to my dissenting Report a photo copy of a letter dated June 29, 2009, addressed to Mr. Nathaniel Kwabo, Executive Secretary, Truth & Reconciliation Commission of Liberia, from H.E. Olubanke King-Akerele, Minister of Foreign Affairs of Liberia, informing him that there is the Act referred to above in which a certified copy of same was forwarded to him upon his request. See copy of certified copy attached marked "PB" to form a cogent part of my Dissent to the TRC of Liberia Report.

This is one of the compelling reasons that I do not recommend prosecution In "an Extraordinary Criminal Court for Liberia", "Lustrations, Debarment from Holding Office for Representatives of all warring factions, combatants persons, Officials of Government during the 13 (thirteen) Years and 8 (eight) months of the civil wars covering December 1989 to August 2003.

1.4 The TRC did not take cognizance of this Act in its findings, determinations and recommendations for prosecution and lustration in Volume 1 and The Consolidated Final Report, Volume II of the Truth and Reconciliation Commission of Liberia, emanating from the TRC Public Hearings; The Advocates for Human Rights( USA) Diaspora Report; The National Conference On Reconciliation, convened by the TRC, and Co-Chaired by the Governance Reform Commission and " additional research findings" from others .

1.5 THE ACT TO GRANT IMMUNITY FROM BOTH CIVIL AND CRIMINAL PRECEEDINGS AGAINST ALL PERSONS WITHIN THE JURISDICTION OF THE REPUBLIC OF LIBERIA FROM ACTS OR CRIMES COMMITTED DURING THE CIVIL WAR FROM DECEMBER 1989 TO AUGUST 2003. Published Authority, August 8, 2003 was not repealed before the enactment of "The Act to establish the Truth and Reconciliation Commission (TRC) of Liberia." In 2005 Therefore, the Act quoted herein is still in force within this Jurisdiction, The Republic of Liberia.

1.6 Recourse to the August 18th 2003, Comprehensive Peace Agreement between the Government of Liberia and LURD, MODEL And Liberian Political Parties, Agreed that the parties will spare no effort to effect the scrupulous respect for and implementation of the provisions contained in the Peace Agreement, to ensure the successful establishment and consolidation of lasting peace in Liberia.

1.7 To the best of our knowledge all parties to this Agreement have complied with the terms and conditions of this Agreement.

1.8 Article XXX111 of the CPA (ROLE OF THE INTERNATIONAL COMMUNITY), MANDATES THAT

"The Parties call on ECOWAS, the UN, the African Union and the International Contact Group on Liberia (ICGL), to use their good offices and best efforts to ensure that the spirit and content of this Peace Agreement are implemented in good faith and with integrity by the Parties."

1.9 ECOWAS, the United Nations, the African Union and the International Contact Group on Liberia are witnesses to this Agreement.

2.0 We believe that the Warring Parties and some of the witnesses to the Ghana 2003 CPA Agreement were totally aware of the "ACT TO GRANT IMMUNITY FROM BOTH CIVIL AND CRIMINAL PROCEEDINGS AGAINST ALL PERSONS WITHIN THE JURISDICTION OF

THE REPUBLIC OF LIBERIA FROM ACTS OR CRIMES COMMITTED DURING THE CIVIL WAR

FROM DECEMBER, 1989 TO AUGUST, 2003."

ARTICLE XXXIV (AMNESTY) of The 2003 CPA Agreement, clearly states that,

"THE NTGL shall give consideration to a recommendation for general amnesty to all persons and parties engaged or involved in military activities during the Liberian Civil Conflict that is the subject of this Agreement."

2.1 This Amnesty clause is a clear indication that the parties to the CPA Agreement opted for the Truth and Reconciliation Commission as an Alternative to a War Crime Tribunal.. to document and acknowledge a legacy of conflict and human rights violation facilitate genuine healing in the spirit of national reconciliation for Liberia.

2.2 The Liberian Truth and Reconciliation Commission emerged out of negotiated settlements in which there were no clear victors.

2.3 To grant General Amnesty in which individuals were absolved of all criminal or civil prosecution in the spirit of Reconciliation has been done in the past in Developing and developed countries around the world.

Other Famous Amnesties

The general amnesty granted by President of the United States, Andrew Johnson after the American Civil War (1861-April 9, 1865)

The French amnesty of 1905

The Prussian amnesty of August 10, 1840

Napoleon's amnesty of March 13, 1815 from which thirteen eminent persons, including Talleyrand, were exempt.

The Liberia civil war began April 12, 1980 with the Coup. The American Civil war began with that April 12, 1861 attack on Fort Sumter growing out of the slavery issue between the North and South.

Ambassador Herman Cohen, Assistant Secretary of State for African Affairs in the 1990's said in retrospect, that "We missed an opportunity in Liberia. We did not intervene either militarily or diplomatically. A modest intervention at that point to end the fighting in Monrovia could have avoided the prolonged conflict."

2.4 The Truth and Reconciliation Commission of Liberia Act, Article V Section 11 is clear and un-equivocal in that "Members of the TRC shall be persons of credibility, high integrity and honour."

I consider my nomination, selection, and appointment to be the trust and confidence of the people of Liberia, ECOWAS, and the United Nations in me.

2.5 The TRC Rules and Procedures Chapter 3. Powers and Functions sections 3.2 give Members of the Commission oversight responsibilities for the functioning of the Commission in order to maintain a balanced and comprehensive perspective of the Commission's operations.

Section 3.5 authorizes the Chairperson to preside over meetings, forums, conferences and hearings; and to undertake all other acts and exercises all authorities in consultation and with the consent of Commissioners.

2.6 The TRC Decision on prosecution and lustration is not in consonance with the Supreme Court of Liberia Decision, Bull Versus the Truth and Reconciliation Commission decided January 30, 2009.

The Supreme Court of Liberia decision January 30, 2009 page 41.

In that case, growing out of A Petition For the Writ of Prohibition, decided January 30, 2009, page 41.

2.7 The Supreme held that " Whatever "rules, code of conduct and operating guidelines and procedures, schedules, work plans and other policies necessary for the accomplishment of its mandate, including the conduct of research and investigations, holding of public and confidential hearings, making final determination of matters before it, recommending amnesty, making recommendations, and publishing its report" of the TRC must be in conformity with Article 20(a) of the Liberian Constitution (1986). Any such "rules, code of Conduct and operating guidelines and procedures, schedules, work plans and other policies necessary for the accomplishment of its mandate, including the conduct of research and investigations, holding of public and confidential hearings, making final determination of matters before it, recommending amnesty, making recommendation, and publishing its report" not consistent with Article 20(a) of the Liberian Constitution (1986), shall be declared unconstitutional when properly raised before this Court.

Article 20 (a) of the Liberian Constitution states that

"No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law.

2.8 The Public Hearings held in the 15 (fifteen) sub- political divisions of Liberia and in the United States of America which included seven months of victims and witnesses testimonies , three months of perpetrators, thematic and institutional hearings were not held in accordance with Article VII section 26. (c)

(e) (f) (h) (i) (j) (l) (p), Article VIII section 27 (i) (d) (e) Section 29 section 31. (See copy of TRC ACT).

The TRC ACT, Article VII, Section 26 (f) clearly mandated the TRC to

"Help restore the human dignity of victims and promote reconciliation by providing an opportunity for victims, witnesses, and others to give an account of the violations and abuses suffered and for perpetrators to relate their experiences, in an environment conducive to constructive interchange between victims and perpetrators."

To establish an analytical objective, collecting data, of all the statements received by the statements takers and quantitative analysis of statements and other data about "Human Rights violation (See TRC final Consolidated Report about more information on Benetech)

The TRC Statement-taking forms were designed with specific questions for the Victim/ witness to answer, whether no not he or she is "willing to meet perpetrator"... In Benetech Table 12 page 44 revealed the Percentage saying "yes" to Questions on Reconciliation, by County on 'willing to meet perpetrator"

COUNTY PERCENTAGE

BOMI 68.3

BONG 68.7

GBARPOLU 67.6

GRAND BASSA 63.0

GRAND CAPE MOUNT 62.5

GRAND GEDEH 61.5

GRAND KRU 61.0

LOFA 53.4

MARGIBI 50.7

MARYLAND 61.2

MONTSERRADO 62.9

NIMBA 72.8

RIVERGEE 63.6

RIVERCESS 56.9

SINOE 53.0

The Statement takers by Counties from the same TRC designed statement-taking form, the question from the statement giver/ Victim was asked what do they prefer, Forgive and forget or retributive Justice,

BENETECH Table 13: Percentage of statement-Givers' Recommendations about Reconciliation in Liberia by County given in descriptive statistics from Statements to The Liberian Truth and Reconciliation Commission by Benetech Human Rights Program dated May 13, 2009 found on page 45.

Forgive and forget as compared to Retributive Justice

FORGIVE & FORGET RETRIBUTIVE JUSTICE

COUNTY PERCENTAGE

BOMI 58.5% 1.8

BONG 53.8% 2.1

GBARPOLU 58.5% 1.0

GRAND BASSA 62.0% 2.0

GRAND CAPE MOUNT 36.0% 3.8

GRAND GEDEH 44.6% 3.0

GRAND KRU 55.2% 2.9

LOFA 53.2% 3.2.

MARGIBI 52.0% 1.8

MARYLAND 59.6% 2.0

MONTSERRADO 60.5% 2.7

NIMBA 47.4% 3.4

RIVERGEE 46.2% 5.6

RIVERCESS 39.9% 1.3

SINOE 61.1% 2.0

The entire TRC process from the Investigative stage, the public hearings, the county regional

Section 5.1 states that "All investigations, including forensic, or otherwise, shall be conducted by the Inquiry unit of the Commission or any member of the Commission in accordance with the law including due process requirements of notice and fairness."

This is a compelling support to my position not to recommend prosecution In "an Extraordinary Criminal Court for Liberia", "Lustrations, Debarment from Holding Office for Representatives of all warring factions, combatants persons, Officials of Government during the 13 (thirteen) Years and 8 (eight) months of the civil wars covering December 1989 to August 2003.

Chapter 5 (Investigation)

Sections 5.1, 6.3, 6.6, 6.7, 6.8, 6.9, 6.13.

Section 6.3 Every person appearing before the Commission by subpoena or otherwise may appear with counsel, provided that the role of the counsel shall be restricted to legal advice and at hearing consultations only.

Section 6.8 Every person artificial or natural, who is named of wrongdoing, at a public hearing, shall be afforded adequate opportunity to respond in a comprehensible and respectable manner within a reasonable time to be fixed by the Commission.

Section 6.9 Where an accused person responds to allegations, sufficient opportunity shall be afforded him or her to be present in person and to ask questions of the accuser or witness where and when the Commission deems appropriate.

The facts

RECOMMENDED WAYS FORWARD

Whenever a nation is confronted with a national calamity, disastrous or predicament will claim the attention of its citizenry. Of course, their ardent desire would be to end such unfortunate development and chart new course that will bring about correction, rehabilitation and general recovery. With this, all will begin to devise ways and means how to address the problems. However as disagreement among people and divergence of view are considered as Divine norms in human creation, several ideas will be advanced; and in many cases, two schools of thought will eventually emerge. Students of one of the schools would propose rigid and strong reprimanding to be backed by a retributive justice as the just way of arresting the situation and avoiding its repetition. The students of the other would advocate a cautious approach to be accompanied by restorative justice as the best means for sustainable remedy and curement.

History remains vividly fresh of the end results of each course of action; and are worthy of reminding each and every one of us in our respective endeavors to solve our problems. The need to recall reactions of government in the past against perceived or branded rebellions against the so-called "law and order", cannot be over-emphasized. In fact, the Liberia scenario in the one and half decade of our national trials and tribulations, are worth remembering for our sober reflection and mature judgment. By the same token, we need to reflect over what has been acquired since the coming into force and effect the Accra Comprehensive Peace Agreement. If its fruits are positive and rewarding, it then behooves us, as a nation and people, to appreciate same and strive to add more laurels to their nurturing and sustainability. For, to act to the contrary will turn us into a people who have manufactured a woven factory, painstakingly commenced to spin yarn, there and then begin to unravel and break it into untwisted strands and causing same to be disintegrated into pieces.

A critical study of the preamble and in fact, the entire provisions of the TRC Act and its mother-source-CPA show that the rationale of each was never arbitrarily drawn up from space or intend

1 The 1986 Constitution of Liberia Article 97 states

no executive, legislative, judicial or administrative action taken by the People's Redemption Council or by any persons, whether military or civilian, in the name of that Council pursuant to any of its decrees shall be question in any proceedings whatsoever; and, accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect of any such act.

b) No Court or other tribunal shall entertain any action whatsoever instituted against the Government of Liberia, whether before or after the coming into force of this Constitution or against any person or persons who assisted in any manner whatsoever in bringing about the change of Government on the. 12th day of April, 1980, in respect of any act or commission relating to or consequent upon:

The overthrow of the government in power in Liberia before the establishment of the People's Redemption Council

The suspension of the Constitution of Liberia on July 265, 1847;

The establishment, functioning and other organs established by the People's Redemption Council

The imposition of any penalties, including the death penalty, or the or the confiscation of any property by or under the authority of the People's Redemption Council in pursuance of but not limited to the Measures undertaken by the Council to punish persons guilty of Crimes and malpractice to the detriment of the Liberian Nation, the People, the economy, or public interest; and

The establishment of this Constitution.

1.2 I cannot concur with my Fellow Commissioners that "Prosecution in a Court of Competent Jurisdiction and other forms of Public sanction will foster genuine reconciliation combat impunity to promote justice, peace and security" for any person or persons whether military or civilian who committed crimes or Acts within the period covered by the provisions of the Constitution quoted above.

1.3 I consider it relevant to quote the entire Act enacted by the Senate and the House of Representatives of the Republic of Liberia, August 7, 2003, with Executive Approval on April 8, 2003, by the President of the Republic of Liberia, Dahkpannah Dr. Charles Ghankay Taylor

WHEREAS, the fundamental rights and dignity of the people of the Republic of Liberia were curtailed and hi-jacked by the regimes of the 1980 Coup de tat and that of the 20th President of the Republic of Liberia; and,

WHEREAS, during these regimes, tribalism and sectionalism were at its highest Peak which culminated into tribal killings mayhem and destruction; and,

WHEREAS, during these regimes, tribalism and sectionalism were at its highest Peak which culminated into tribal killings mayhem and destruction; and,

WHEREAS, as a result of these acts committed against peaceful and law abiding citizens of Liberia from devise background, Liberians begin afraid of losing their lives, exiled themselves, while others reluctantly stay in Liberia to be maimed by those repressive regimes and,

WHEREAS, a group of exiled patriotic Liberians under moral and divine obligations to liberate Liberia and Liberians from the yoke of terror, tribalism and untimely death united under the banner of the NPFL ((National Patriotic Front of Liberia) and launched a popular civil uprising welcome by more than 80% of Liberians in Liberia as exhibited by the granting of legitimate, constitutional and democratic state power to the Political wing-NPP (National Patriotic Party) and,

WHEREAS, before the Special Election of July 1997, all former warring factions; NPFL, AFL, ULIMO-K, ULIMO-J, LPC, Lofa Defense Force were engaged in a seven year old civil war; and,

WHEREAS, the Special Election of July 1997 with subsequent inauguration on August 2, 1997 marked the end of a seven year old civil war which brought into being a Government of inclusion with all former Warring Factions and

Political Parties on board; and

WHEREAS, some former contestants of July 1997 Special Elections and members of Warring Factions left the Government and exiled themselves in neighboring Countries; and,

WHEREAS, these individuals grouped into separate Warring Factions namely Liberians United for Reconciliation and Democracy (LURD), and the Movement for Democracy in Liberia (MODEL) and launched a fratricidal, ethnic and religious war against the NPP led government and the peace-loving and war-weary Liberians from August 1999 and up to present; and,

WHEREAS, these events have led to another civil war which has up rotted all Liberians, killed some, thus bring back tribal and religious hatred ; and,

WHEREAS, there is a need for total reconciliation among Liberians of all ethnic, cultural and religious backgrounds, with in and out of Liberia.

NOW THEREFORE;

It is enacted by the Senate and the House of Representatives of the Republic of Liberia in Legislature assembled:

Section 1.

" That from and immediately after the passage of this Act, Immunity hereby granted from both civil and criminal proceedings against persons, Officials of Government of the Republic of Liberia from all acts, and or crimes committed by them during the 13 (thirteen) years and 8 (eight) months of the civil wars covering from December 1989 to August 2003.

Section 11

This Act shall take effect immediately upon the publication in hand bill.

ANY LAW TO THE CONTRARY NOTWITHSTANDING

In a letter dated August 7, 2003 Republic of Liberia President, Charles Taylor wrote a letter to the Honourable Legislature in compliance with Article 35 of the 1986 Constitution of Liberia.

REPUBLIC OF LIBERIA

Office of the President

August 7, 2003

The Honorable

The Liberian Senate (IN-SESSION)

Capitol Building

Monrovia

Ladies and Gentlemen;

I have the honor to inform that Your Honorable Body's Engrossed Bills Nos. 1& 2 entitled:

"AN ACT GRANTING AGRICULTURE LAND TO

VETERAN MILITIA SOLDIERS OF THE ARMED

SERVICES OF LIBERIA"...and

"AN ACT TO GRANT IMMUNITY FROM BOTH

CIVIL AND CRIMINAL PROCEEDINGS AGAINST

ALL PERSONS WITHIN THE JURISDICTION OF

THE REPUBLIC OF LIBERIA FROM ACTS OR

CRIMES COMMITTED DURING THE CIVIL WAR

FROM DECEMBER, 1989 TO AUGUST, 2003"

Have today received Executive Approval

Cordially,

Dahkpannah Dr. Charles Ghankay Taylor

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