Monrovia — The lower house of the national legislature in Liberia has adopted a resolution for the establishment of a war and economic crimes court. The adoption coincides with the visit of Dr. Beth Van Schaack, the United States Ambassador-at-Large for Global Criminal Justice. The resolution, if granted, would then lead to the enactment of a statute bringing the Court into force, decades after the end of the brutal civil war which killed thousands and forced scores more into exile.
The resolution signed by 42 out of 73 members of the House marks a historic vote for victims of the civil war. Ironically, all representatives from Nimba County where the former warlord Prince Johnson hails voted against the resolution. Businessman Musa Bility, who recently won a seat from the county abstained.
The resolution calls on President Joseph 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.
"Recognizing that economic crimes are the progenitor of war crimes, call for legislative action to establish Economic Crimes Court for the swift and speedy trial of corruption and economic crimes," the resolution states.
The resolution recalls that the civil wars from 1989 to 2003 resulted in death and destruction across Liberia, 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.
The resolution also recalls that Article XIII of the Liberian Comprehensive Peace Agreement signed on August 18, 2003, provides 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.
According to the resolution, 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.
The resolution also notes that the Liberian 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
According to the resolution, Section 48 of the TRC Act 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.
Accordingly, the resolution states 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.
The resolution also laments that Liberia has not prosecuted a single person for the grave crimes committed during its armed conflicts from 1989 to 2003. "Whereas 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, the resolution declares 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.
The Lower House in a majority voice resolved to expresses its support for full implementation of the TRC recommendations, including the establishment of an Extraordinary Criminal Court in Liberia and commits 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," 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 for such non-compliance," 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.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The lower house also notes that the head of state is 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 following purposes.
The head of states is also required 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 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 lower house states that the resolution is 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. All this will ensure that state and international resources put in the TRC process were worth the exercise.
