Liberian human rights advocates have told a US Congressional committee that it is crucial that the US government take the lead in funding war and economic crimes courts for Liberia.
The advocates, including Dr. Alan White, a former chief investigator of the UN-backed Special Court for Sierra Leone, Elizabeth Evenson, Director of the International Justice Program at Human Rights Watch, and Adama Dempster, of the Civil Society Human Rights Advocacy Platform of Liberia, said such a move was critical to finally ending the culture of impunity in Liberia.
"We request the international community, including the US government, to provide legal advisers and help Liberia organize a donor conference to support the court," said Dempster via video link to the Tom Lantos Human Rights Commission of the US House of Representatives.
But Dempster sought to head off the prospect of an American, or any international, being put in charge of the court. Alan White, an American, has been putting himself forward as a candidate to lead the court.
"International experts cannot supplant the vital role that must be played by Liberians," Dempster told the committee. "For this court to have a lasting impact on Liberian society and rule of law it must be Liberian led."
Human Rights Watch's Evenson echoed Dempster's words.
"Liberian experts should also fill key positions in the judiciary, the prosecution, the defense and registry," said Evenson, who addressed the hearing on behalf of human rights organizations including the Liberian-based Global Justice and Research Project, Swiss-based Civitas Maxima, US-based Center for Justice and Accountability, and the Coalition for the Establishment of a War and Economic Crimes Court in Liberia. "Liberian ownership of the court is crucial to build and maintain local support for accountability processes. We look to the Congress to offer financial support to the court as the US has done in several other contexts, including for example, the annual contributions to the Special Criminal Court in the Central African Republic."
Efforts to establish the courts were accelerated by President Joseph Boakai's executive order earlier this year, establishing an office for the courts. A search has begun for the head and staff of the office that will lead the process to establish the courts, with presidential press secretary, Kula Fofana telling Okay FM in Liberia last month that "work was happening behind the scenes."
Congressman Chris Smith, a co-host of Thursday's congressional hearing, took some of the advocates by surprise, disclosing that President Boakai had recognized White as "a trusted adviser and has personally requested him to assist in the establishment of the court." Dempster said human rights advocates and the media were unaware of this stance by President Boakai.
Hassan Bility, Global Justice and Research Project Director, who did not appear at the hearing, dismissed Smith's claim.
"I believe Representative Chris Smith is being fed with a truck load of misinformation. This is not his fault," said Bility by WhatsApp. "But he needs to get different perspectives. This effort will be a Liberia led one and will not be commercialized."
Congressman Smith came to attention most recently in Liberia for his campaign opposing a bill under the last Legislature that would have made abortion more available in Liberia. In that case proponents of the bill accused Smith, a Republican and staunch supporter of former president and presidential candidate Donald Trump, of spreading lies about how it would work designed to spread fear among Liberians.
Fofana did not respond to FrontPage Africa/New Narratives requests for comments on the matter. When he addressed the hearing, White made no mention of a connection to President Boakai and instead echoed calls for the US to take the lead in funding the courts.
"It's critical that this court has a stable, predictable annual budget," said White. "I strongly believe that the US Congress needs to continue to be fully supportive of the establishment of this court and provide the necessary funding in seed funding and annual appropriations to make sure that the court is viable. Other international donors may assist. The establishment of the court must be in manner like the Special Court for Sierra Leone by treaty and or with an agreement with the United Nations with the authority to prosecute international crimes or war crimes and crimes against humanity."
Yahsyndi Martin-Kpeyei, Executive Director of the Movement for Justice for Liberia and another panelist, said Liberians looked to the US for justice for past crimes here.
"You remain our last hope for justice based our relationship," said Kpeyei. "We speak not only for justice that is long overdue, but to protect the future from what the women and child of Liberia endured and continue to endure."
On ongoing dispute between advocates of the court spilled into the open in the hearing as White rehashed discredited accusations of bribery and witness coaching against Civitas and GJRP by accused perpetrators in the US and Europe. A dozen perpetrators have been charged and in four cases, convicted, with evidence obtained by the two groups. Judges and juries in the four cases dismissed the accusations. Only one accused perpetrator, Gibril Massaquoi, has been acquitted. In that case the judge found Bility had been tortured but said prosecutors did not prove beyond a reasonable doubt that Massaquoi had done it.
White's comments came a few days after Massaquoi, a former Sierra Leonean rebel commander, sued the two organizations in the Civil Law court in Monrovia over his unsuccessful prosecution in a Finnish court. He is seeking $US50 million in damages. In their comments to the Committee Kpeyei,Alvin Smith, Chief Investigator for the International Justice Group - the NGO headed by ex-Liberian Trust and Reconciliation Commission Chairman, Jerome Verdier - and Michael Rubin, senior fellow of the American Enterprise Institute, also seperately questioned Bility's and Werner's crediblity, as well as the credbility of Beth Van Schaack, the U.S. Ambassador-at-Large for Global Criminal Justice. They alleged the ambassador was "conflicted" because she had worked with the two organizations and the Center for Justice and Accountability prior to her current role.
Congressman Smith promised further investigations of the allegations.
"I am going to ask the inspector general to look into these concerns," said Smith. "For the US Department of State, I don't know they will accept it. I hope they will. If not, I will offer an amendment to the relevant piece of legislation. We have got to be transparent and make sure there are no hidden agendas in any of this. And that's what I want. No cover up."
Bility and Werner have repeatedly rejected the allegations.
"Nothing shocking about this," said Bility. "These are lies that are unsubstantiated and told by the contaminated renegades in ranks of the fifth columnists. We have had four convictions, in three countries on two different continents. We have had one acquittal. Take a look at all the judgements in all our case, including the acquittal. There is not one line in any of the judgements that accuses me or my organization, or our partners, of what they are accusing me of. Not one."
Ambassador Van Schaack has not immediately commented on the allegations. But Bility defended her.
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"Their accusations against Ambassador-at-Large, Beth Van Schaack, are crazy and unfortunate," said Bility. "This is because they (the accusers) have not gotten attention from any jurisdiction around the world. So, they have adopted a motto: 'My way or the highway.' Ambassador Van Schaack has absolutely nothing to do with this. A total misplaced aggression."
Dempster and Evenson said they were shocked by the allegations, but firmly held their ground, reaffirming their support, trust and confidence in Global Justice and Civitas.
"Judicial authorities conduct their own investigations, and they take independent decisions about what cases to prosecute," said Evenson. "It's unfortunately the case that all too often human rights defenders speaking up for justice around the world face threats to their physical safety. Liberian civil society, who have been advocating for accountability in Liberia, are doing so at great personal risk. Powerful actors opposed to accountability for war-time atrocities and former warlords hold positions of power in Liberia and have often worked to undermine civil society's efforts."
Dempster also expressed displeasure with the allegations.
"I am deeply troubled by the allegations that have been presented by witnesses on human rights defenders and organizations we have worked with," said Dempster. "I work with Hassan Bility. I have no interference with his cases. I've also worked with Ambassador Van Schaack. She came to Monrovia we organized civil society meetings. I work CJA and Civitas Maxima. All of these organizations we work with them as human rights groups on the ground. I think human rights defenders should be protected."
This story was produced in collaboration with New Narratives as part of its West Africa Justice Reporting Project.
