Washington, DC — The chairman of Liberia's new transitional government has warned that there is no provision under the recently signed peace agreement for a war crimes tribunal, despite longstanding demands from Liberian and international rights groups that the perpetrators of violence should be indicted.
"There are no plans for the transitional government to conduct war crimes trials. The agreement makes provision for the formation of a truth and reconciliation commission. It does not address the issue of a war crimes tribunal, " Gyude Bryant told allAfrica.com this week.
Immediately after his selection by the armed factions to lead the new transitional government, Mr Bryant reportedly said a tribunal "would make more bad than good for Liberia," adding that "Liberians needed to move their country forward."
His comments provoked strong reactions among Liberians, with some political commentators arguing that the new leadership was taking orders from the warring factions.
But in a written message to allAfrica.com from Accra, Ghana, Bryant said the armed factions were adamant during peace talks that a war crimes tribunal must not be included in any deal: "The warring factions made it very clear during the talks that had we insisted on a war crimes tribunal at this time, there would have been no peace agreement."
In his view, the transitional government should not be asked to carry any additional burdens: "The transitional government will have its hands full just trying to heal the nation; disarm combatants and reintegrate them into society; restore such basic amenities as electricity, water, hospitals and schools; provide humanitarian assistance to vulnerable population groups; and organize credible elections. It cannot afford to add a war crimes tribunal to that already full plate."
If Liberians decide there should be a war crimes tribunal, a future elected government would be able to address the issue, he added.
Bryant's position seems to have the support of Liberian human rights lawyer and activist Tiawan Gongloe, who believes the issue of a war crimes tribunal is outside the scope of the current government.
Gongloe, a former official of the interim government led by Dr. Amos Sawyer, has been living in the United States since he left Liberia in 2002 after being arrested and tortured by the Taylor government for speaking out against human rights abuses in Liberia.
Addressing the International Republican Institute's Liberian Leadership Program this week in Washington, D.C., Gongloe said a sovereign national conference should set an agenda for the future of Liberia on issues such as a war crimes tribunal and he predicted that any tribunal would be mandated to review crimes and human rights abuses going as far back as 1979.
'Disarm the factions'
On the tasks immediately facing Liberia's new government, Gongloe warned that in order to ensure the success of the current peace process and avoid the mistakes of the 1990s when warlords used the state apparatus to strengthen their military status, "the international community must make it mandatory for warring factions to submit to voluntary disarmament before taking office in the transitional government." If this did not happen, he said, "there will never be peace in Liberia."
Allowing warlords to take their seats in the government while holding onto their guns would be tantamount to giving a criminal control over both his hostage and the ransom. "Liberians have agreed to give the warring factions the bigger part of the government in exchange for peace and therefore warlords must surrender their weapons," he stressed.
It was a fallacy to believe that the use of force could solve Liberian problems, he said. "In the last 14 years, every time the guns intervened, they hijacked the democratic process and empowerment from the people."
Reviewing the recently signed peace accord in Accra, Gongloe said it was positive that the process of reaching an agreement had been handled by technicians, rather than "West African leaders meeting for a one day summit and deciding the fate of Liberia," as in the past, but he regretted nonetheless that "the results were the same - those who took up guns to disrupt peace were awarded with power, rather than facing justice."
On the issue of immunity for Charles Taylor, Gongloe said, "pressure must be brought [to bear] on Nigeria to deliver Charles Taylor to the war crimes tribunal in Sierra Leone. Nigeria, as a leading member of the international community and an African powerhouse should [not be] allowed to break international laws by shielding an indicted criminal, someone who has killed and caused more destruction than any African of the modern era."
'Indict Gaddafi'
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But Gongloe argued that there were others who should be held accountable for the deaths of hundreds of thousands and destruction of infrastructure in the Mano River Union countries [Guinea, Liberia and Sierra Leone]. He singled out Libyan leader Muammar Gaddafi who, he said, trained, armed and financed the movements that destroyed three countries: "It was with the help of Gaddafi that Taylor invaded Liberia and it was with his direct help that Taylor was able to launch attacks against Sierra Leone, Guinea and, most recently, Cote d'Ivoire. The United States must help Liberia to ensure that Muammar Gaddafi pays for the crimes he committed against the people of Africa."
That call may find some sympathy in the U.S. State Department. Secretary of State Colin Powell this month said Washington remained "deeply concerned about Libya's destructive role in perpetuating regional conflicts in Africa."
Tiawan Gongloe said that he was eager to return home to contribute to the reconstruction process but said he intended to use caution. "The security apparatus put in place by Charles Taylor is still running the country, and now working hand in hand with former officials of the Doe regime. One does not want to be a martyr," he commented.
