This article provides an in-depth analysis of the resource mismanagement and warlords rule in post-civil war Liberia, detailing how political elites and armed factions exploited national resources for personal gains during and after the conflict, leading to over 250,000 deaths and unprecedented suffering.
Despite the establishment of the Truth and Reconciliation Commission (TRC) in 2005 to address human rights violations, subsequent governments have largely disregarded recommendations for accountability, including the demand for a War and Economic Crimes Court (WECC). Advocates for the WECC, including international representatives and local leaders, emphasize the need for justice and closure for war victims, yet patronage cultural and the political landscape remains resistant due to the influence of former warlords, the political elites and multiple actors amid ongoing corruption scandals within government ranks.
While many Liberians support the establishment of the WECC, fearing instability and economic burdens complicate its realization, thus undermining public engagement efforts aimed at raising awareness about the court's purpose, which includes promoting victims participation in the transitional justice process, aiding community healing and rebuilding, striving for a society founded on justice and accountability and ultimately working towards genuine reconciliation and sustainable peace.
Fifteen years after the TRC report was published in 2009, and more than 20 years after the war, President Joseph Boakai has finally signed an Executive order to establish Liberia's first War & Economic Crimes Court. The prolong gap in implementing one of the TRC's key recommendations has understandably created misperceptions and confusion in the minds of the public about the WECC. Worth noting is the fact that the TRC and the War and Economic Crimes Court are not mutually exclusive but 'two pathways to the pursuit of truth telling and criminal accountability'.
National Resource Mismagement & Warlords rule
This year, Liberia celebrates twenty-one years of 'Negative Peace,' since the Accra CPA was signed in 2003. In peacebuilding jargon, 'Negative Peace' is primarily the absence of war and armed conflict. Indeed, by this standard, Liberia is 'peaceful' but falls short of 'Positive Peace', which in contrast is the absence of structural, cultural, or physical violence. The situation in post conflict Liberia is replete with structural, cultural and physical violence underscoring why Liberia is still considered a fragile state, despite celebrating twenty-one years of relative peace. Without Justice, there can be no 'Positive Peace" because justice and 'Positive Peace' are intrinsically intertwined.
Transitional Justice mechanisms, including the War Economic Crime Court (WECC), are usually not created in the vacuum but to address different forms of crimes, including human rights violations, injustices, economic exploitation, natural resource pillage, etc. While the establishment of WECC is one of the best solutions to aid Liberia achieve sustainable peace, the lack of political will by successive leaderships and failure to tackle structural violence, leave the country on the wrong trajectory. Incessantly, perpetrators of outrageous crimes continue to oppose and resist the establishment of WECC because the establishing of such a transitional justice mechanism will not only end the culture of impunity they enjoy but will disrupt their socio-economic status, undermine illegal wealth accumulation as well as their unorthodox ascendency and preservation of higher political offices.
The attitude of former warlords and the political elites cause Liberians to continuously cope with various forms of injustices, psychological trauma and war amnesia. Consequently, people are left without option but to internalise their pains, thus increasing the possibility of the country relapsing into conflict. Mitigating the potential to relapse to conflict or 'Conflict trap' requires addressing the things that affected people during the wars while also improving the relationships, structures and behaviours that act as barriers to justice and long-term peace. Indeed, the TRC, as part of Liberia's transitional mechanism, was created as a Platform to enable victims and perpetrators of war atrocities to speak out to bring closure to their bitter memories, discuss and document what went wrong and recommend measures to promote reconciliation, prevent the recurrence of conflict and achieve 'Positive Peace'. Accordingly, extensive public hearings were conducted both in Liberia and in the diaspora with adequate documentation compiled on the conflict. However, thirteen years after the TRC report was released, the TRC's recommendations regarding the establishment of a WECC was not implemented.
Meanwhile, criminal accountability for civil wars atrocities is critical for the restoration of 'Positive Peace' and stability in Liberia. On several occasions, individuals, families, victims of wars atrocities, right groups and activists have called for accountability through the implementation of the TRC's findings. But the apparent lack of political will on the part of successive leaderships due to political expediency has made this impossible. Criminal and economic accountability for pre and post war violence is critical for the restoration of peace and trust in state institutions. Accountability is indispensable for lasting peace underscoring why Liberians have consistently demanded for the creation of a war crimes court. For example, in April 2019, the Liberian Bar Association supported the establishment of WECC. The Traditional Chiefs Council during the National Economic Dialogue, a conference which was attended by Liberians from diverse backgrounds, including government representatives, political parties, youth, and civil society - backed the establishment of a WECC in September 2019. In addition, more than 50 members of the House of Representatives endorsed a resolution backing the setting up of WECC for Liberia. While there seems to be vast support among Liberians for the establishment of WECC, some of the 'Big Elephants' constantly try to counter such a noble cause using 'patronage culture' and mis and dis information.
It is no secret that during the wars, the resources of Liberia were traded and exploited by armed bands and political elites to sustain their statues and perpetrate the carnage that caused the death of appropriately 250,000 people. At that time, pillage served as a form of enrichment to the victor, a form of payment to mercenaries, and a form of enforcement of punishment or reprisal[1]. Indeed, Liberian factional leaders and elites exploited the crisis to get rich by strengthening their positions in future political configuration and tried to insulate themselves from any punishment. The actions and inactions of various actors were deliberate because not doing so would eventually put them and their followers off the grid of political power and wealth, which will ultimately undermine their capacity to accumulate wealth and live in opulence. Hence, belligerent groups exploited the war economy by clandestinely engaging in illegal extraction, taxation, and export of Liberia's natural resources, particularly timber, rubber, diamonds, gold etc to enrich themselves. These transactions were not done exclusively by domestic actors but included the participation of regional and international partners.
The exploitative role of transnational entities in pillaging Liberia's resources has been characterised as "dictatorship of the multinational corporations."[2] On the one hand, there is the exploiting class, which consists of the owners of the multinational corporations and their office allies in the state bureaucracy, while on the other hand, the exploited classes, which consist of the workers, farmers and masses of poor people. As seen from several high profile corruption scandals, including the Global Witness bombshell case involving several of governmental functionaries during Madam Sirleaf's administration, the multinational corporations and their office allies in the state bureaucracy are the principal elements of the contradiction while the poor masses are the secondary element of the contradiction.
With the cessation of hostilities among the warring factions, negotiations to end the second civil conflict took place in Accra, Ghana in 2003. With this development, Liberians from all backgrounds, including members of Liberian civil society gathered to advocate for the establishment of a WECC to bring to justice alleged perpetrators of crimes. Eventually, Liberia's Truth and Reconciliation Commission (TRC) was created in 2005 to investigate gross human rights violations during the civil crisis and report findings and recommendations. Amongst others, the TRC's report recommended the establishment of an Extraordinary Criminal Court (ECC), which would be a hybrid court composed of national and international judges, prosecutors, and other staff, for the prosecution of former leaders of warring factions and others.
Sirleaf and Weah paid death ears to WECC
Unfortunately, former Presidents Ellen Johnson Sirleaf and President George Weah did little to heed the recommendations from the report to put to rest the mounting outcry for justice from the public, especially from victims of the wars. For more than two decades, Liberians have been advocating for the end to the culture of impunity by calling for the establishment of War and Economy Crimes Court (WECC). The TRC recommended a process through which the perpetrators of human right abuses, violence and war victims should come together to speak on ways to find lasting peace. In his speech at the 7th Anniversary of ECOWAS Human Rights Day in Monrovia, the former Ecowas Ambassador to Liberia, Ambassador Babatunde O. Ajisomo, lamented that for sustainable peace, social cohesion and reconciliation to be achieved in Liberia, it is important that actors in the country address the issue of war crimes and other human rights violations.[3] The Ambassador's comments highlight and reflect the importance of addressing the TRC findings, specially the establishment of the WECC.
But on the contrary, not a single war crime trial has occurred in Liberia as part of the country's judicial process, despite the fact that extensive public hearings were conducted both in Liberia and in the diaspora and adequate documentation compiled on the issues of war and economic crimes. The only steps toward criminal accountability have been cases prosecuted abroad: namely, US federal conviction of Charles Chuckie Taylor, Jr. for torture committed in Liberia, convictions for crimes committed during Liberia's first civil war by former rebel commanders Alieu Kosiah, in Switzerland, and Kunti Kamara, in France, and a pending case in Belgium. The reluctance by various political leaderships in Liberia to prioritize the findings of the TRC undermines Liberia's quest for criminal and economic accountability, social cohesion and genuine post-conflict reconciliation.
National and International efforts for WECC
Advocacy for the establishment of the WECC has been championed mostly by international partners with some Liberian actors. For instance, on May 06, 2024[4], the U.S. Congressman Chris Smith, Chair of the House Sub Committee on Global Health, Global Human Rights, and International Organizations, issued a Press release regarding the need to establish a War Crimes & Economic Crimes Court in Liberia to help address the wounds of the country's civil wars. He noted that "in recent decades, Liberia's people have suffered untold human rights violations and economic crimes while perpetrators acted with near-complete impunity during the country's multiple civil wars. Echoing the need to establish a WECC, Liberia former Finance Minister and current Gbapolu County Senator, Amara Konneh said "I, as much as any Liberian, want justice for the murdered. I support a special court for war and economic crimes in Liberia. I also recognise that, until today, I had to find closure for myself - and for the community that suffered this devastation with me."[5] Similarly, Sonya, a victim of the 1990 Lutheran Church massacre said "I support the court 100 percent. I have been campaigning for this court since the time of the TRC. We need the court to address impunity and for people to pay for their crimes, so they need to establish the court now."[6] Another victim, Suzana Vaye, a widow who was profiled in the Liberian Daily Observer said: "The TRC is not enough; I want the war crimes court to be established here to hold perpetrators who inflicted pains on us accountable for what they did. We do not want recurrence of what happened in this country."[7] Adding their supports to the call for the establishment of WECC, majority of Liberia's 29 Senators, including Prince Y. Johnson, on April 9, 2024, approved the creation of a War and Economic Crimes Court. In declaring the outcome of the Senate resolution, the Pro-Tempore of the Liberian Senate, Senator Nyonblee Karnga Lawrence, said there must be justice and accountability for both the victims of the wars and the perpetrators- adding that the establishment of the court is a necessary and critical step for a formal closure of the terrible memories left behind as well as a way of protecting the peace and encouraging the peoples' confidence in the rule of law and the administration of justice in our country.[8]
Meanwhile, prior to the Senate's action, the House of Representative passed a resolution for the establishment of WECC. The Speaker of the House, Jonathan Fonati Koffa, announcing the results of the votes said, "the resolution has been passed, and justice for the Liberian people has finally arrived."[9] Adding his voice to other voices, President Joseph Boakai reminded Liberians that for peace and harmony to have a chance to prevail, justice and healing must perfect the groundwork.[10] What is glaring in these approvals for the establishment of a WECC is the desire to seek justice and accountability by making those who afflicted pains and mayhem to account for their actions; find psychological closer and deter future occurrence by putting in place relevant mechanisms. Accountability is an important tool to assess the quality of a nation's governance but also a necessary pre-requisite to securing human rights, strengthening the rule of law, sustaining peace and social cohesion, promoting sustainable development, and enhancing the quality of democratic governance[11].
Economic wealth and Political power
The conflicts did not only weaken the Liberian economy and leave legacy of atrocities but created leaders and organizations that have invested in skills and equipment that are only useful for violence. While most of the Liberian population suffer the effects of the civil war, the leaders of the various military factions, particularly those who perpetrated violence benefitted from it. The country's interim arrangement (2003-2005), was structured in a way that allocated top positions to factional leaders who inserted their members or proxies in key positions. The power-sharing cabinets was not only corrupt but created political coalitions dominated by the warring factions and political elites with direct access to state resources without any accountability.
Although there is no empirical data to support the link between high-profile jobs and ascendency to higher political offices, a plethora of uncorroborated information shows how some elites and warlords exploited the country's resources and lucrative public positions to become lawmakers and policymakers. A classic example is the Liberia Petroleum Refinery Coperation (LPRC). Before the cessation of, and immediately after, the war in 2003, LPRC was inundated with factional appointees and political elites during the Interim leadership of Gyude Bryant. From 2003-2006, Edwin Melvin Snowe Jr used his connection with former ruling party of Charles G. Taylor, the National Patriotic Party (NPP), to be appointed as Managing Director of the Liberia Petroleum Refining Company (LPRC) and got elected as a Representative for Montserrado County and eventually as speaker of the House of Representatives, while Zoe Emmanuel Pennue used his link with the MODEL faction to get to the LPRC as Deputy Managing Director for Operations and eventually got elected as a Representative for Grand Gedeh County. The late Mobutu Vlah Nyepan from the political party slot, was appointed as Deputy Managing Director for Administration and later got elected as a Senator for Sinoe on the ticket of the Alliance for Peace and Democracy (APD) while Richard Divine made use of his alleged contacts within the MODEL faction to be appointed as Deputy Managing Director for Fiscal Affairs/Comptroller and eventually got elected as a Senator for Bomi County on the platform of the Coalition for the Transformation of Liberia (COTOL) and the late Cllr. Frederick Doe Cherue returned to his post as Legal Counsel for the entity through the clout of some powerful political group. He got equally elected as a Senator for River Gee County on the ticket of the Unity Party.
Prolonged years of conflict has not only created a form of moral bankruptcy in Liberia but given currency to a national syndrome whereby those with privilege to resources through any kind of position of power are seen as "not smart", especially if they do not use their access for personal aggrandizement. The exploited class usually rain praises on those who are responsible for their backwardness and underdevelopment. Sadly, opposition to the establishment of a WECC is largely led by few misguided elements in society who would rather prefer their 'political vultures' and 'economic vampires' to continue triumphing in their pursuit for wealth and political influence while the masses live in abject poverty.
Political Elites & External Enterprises role in State Capture
There are avalanches of instances in which Liberian elites exploited established system to enrich themselves without any penalty by the presidency. Corruption, especially in relation to the management of Liberia's natural resources is widely recognized as having greatly contributed to the country's political instability and ensuing armed conflicts.
In February 2005, several NTGL ministers signed a deal which granted a company with no previous mining experience exclusive rights for 10 years to purchase all minerals extracted in the diamond rich Western area of Liberia.[12] [13] Pervasive corruption in Liberia is enhanced and facilitated through legitimate activities, such as procurement processes, natural resource concessions or other money-making opportunities that are often made fraudulent through insider-dealing and off-the-books deals[14]. The March 2005 U.N. Panel of Experts report characterized the conditions under which the agreement was negotiated as "extremely opaque." They noted that there was no formal or open bidding process and no consultations with the Liberian Monopolies and Contracts Commission. According to the contract, the company, the West African Mining Corporation (WAMCO), was to have paid a single payment to the National Transitional Government of Liberia the amount of $1 million. The contract also contains a provision on security that allows WAMCO to create its own private guard service. The panel noted with concern that "past experience with logging companies has shown that such organizations can quickly become militias."[15]
In another instance, a March 2005 report by a special parliamentary committee established to investigate corruption by members of the parliament concluded that there had been "gross financial and administrative malpractices at the National Transitional Legislative Assembly," including the misappropriation of US $92,000 of government money without authorization of the plenary; the awarding of contracts for services and equipment to numerous assembly members; the distribution of items donated by the Chinese government on a purely personal basis; and the unauthorized payment of over US $40,000 to assembly members for the payment of medical bills and other emergencies.[16]
As a result, parliamentary former and late speaker, George Dweh, his deputy and two other members of the house were suspended from the NTLA.[17] Similarly, on August 3, 2005, J. D. Slange, the former head of Liberia's Maritime Bureau and a former senior member of the Movement for Democracy in Liberia (MODEL), was together with two of his deputies charged with economic sabotage and fraud for their role in siphoning off of US $3.5 million of government money.[18] This was the first time a government official appeared in court to face corruption allegations, since the civil war ended in 2003. Also, on August 13, 2005, the Monrovia Magisterial Court arrested and charged the former Managing Director of the Liberian National Port Authority, Alphonso Gaye, with stealing US $600,000 intended to salvage a sunken vessel at the Free Port of Monrovia.[19] Meanwhile, concerns of corruption made the Community of West African States, to draft a hard-hitting three-year anti-corruption plan called the Liberia Economic Governance and Action Plan (LEGAP).[20] The plan which was presented to the government in June 2005 to limit the government's powers to grant contracts; placed expatriate financial controllers in key ministries, etc was criticized by the transitional government and several prominent politicians who complained that it created a quasi-trusteeship, seriously threatened Liberia's sovereignty, and placed Liberia under "expatriate management.[21] However, while criticized by members of government, there was considerable support for the plan among Liberian civil society.
One scholar of Liberian politics put it this way: "Warlord pursuit of commerce has been the critical variable in the conflicts.[22] Indeed, in post conflict Liberia, U.K. based Global Witness unearthed several corruption scandals involving political elites and some operatives of the president. Investigation by Global Witness[23] shows that that Sable Mining bribed major decision makers in an attempt to acquire an iron ore concession in northern Liberia[24]. Also, in Augustus 2008, the late Minister of State, Willi Knuckles, a trusted friend of former president Sirleaf, was caught in the act of corruption and bribery for funding from Delta Mining Company and Tata Steel in the Western Cluster bidding process.[25] Also, in October 2008, another confidant of the president, the Director- General of the Cabinet, Madina Wesseh was allegedly caught in similar scandal along with the late Knuckles. Several government officials and president Sirleaf's party members including the late Harry A. Greaves Jr, were caught in similar act of massive corruption. The famous story of Bigboy 1, Bigboy 2, Cllr. Varney Sherman, Mr. Alex Tyler and host of other Unity Party stewards' hands were caught in the cookies jar. Besides government functionaries, private individuals are also involved in stealing money that are intended to improve soccer in Liberia. For example, in 2019, the former Liberian Football Association president Musa Hassan Bility, who was slapped with a 10 year ban from all FIFA activities for stealing the organization's money meant to promote football and save lives in Liberia during the Ebola epidemic[26], has recently been elected as member of parliament - representing his home town in Nimba. Bility is not the only person who used his resources to ascend to political office. Two of the former officials of President Weah's government under U.S. sanction, namely Nathaniel McGill and Bill Twehway, were both elected as senators for Margibi and River Cess Counties, respectively. The same could be said of Mr. Alex Tyler who was impeached by his colleagues in the 53rd Legislature for several alleged acts of corruption is now back in parliament as a Senator of Bomi County.
Elites Corruption and Anti-graft measures
Following prolong period of widespread corruption, mismanagement, financial malpractices and total breakdown in the governance system, there have been some efforts to curtail waste, fraud, and abuse to ensure accountability and transparency in the public sector. In addition to Global Witness corruption findings in 2010,[27] from 2011- 2017, the General Auditing Commission Audit (GAC) investigated several corruption cases and indicted different stakeholders, including government officials, business entities, individuals, international firm, etc.[28] Equally, GAC also unearthed and indicted several corruption cases from (2017-present)[29]. Meanwhile, in the fourth quarter of 2023, following thorough investigation into allegations of corruption, GAC investigated and commenced the indictment and prosecution of several individuals involved in illicit activities. On the overall, the Commission has investigated and concluded nine (9) cases of corruption between January to December 2023. During the period, the Commission also attempted to recover stolen liquid assets from public officials. This includes officials from the Liberia Water and Sewer Corporation who entered into plead bargaining with the anti-corruption office and a second group of officials from the Liberia Institute of Statistics and General Information Services (LISGIS) who were requested to restitute public funds stolen from the national coffers. These cases among several others between January to December 2023 supported the overall efforts for the recovery of stolen funds in the amount of US$ 216,400.00 (Two Hundred Sixteen Thousand Four Hundred United States Dollars).
Laudable as these efforts appear, the public is calling for president Boakai to act against member of his own cabinet involved in acts of corruption. The Center for Transparency and Accountability in Liberia' (CENTAL) in a recent report[30] accused President Boakai of not living up to his promise to fight corruption. CENTAL report reveals that President Boakai, Minister of presidential affairs, Mr. Sylvester M. Grigsby, prior to his inauguration and without constitutional authority, requested funding from NASSCORP for the purchase of five Land Cruiser SUVs, each valued at $117,000. This action has repeatedly sparked public outcry, but the president is yet to take any action. Also, CENTAL asserted that the President's nephew and Officer-In-Charge of the National Oil Company of Liberia (NOCAL), Jake Kabakole, disbursed US$600,000 to contractors under questionable circumstances. Another instance of bad governance was discovered at the Ministry of public works. Public Works Minister Roland Giddings admitted to violating the procurement law by awarding road maintenance contracts valued US$22.4 million without a competitive bidding process.[31] President Boakai needs to bridge the impunity gap by dispensing justice across the board. Selective justice undermines democracy and respect for governing institutions. Social trust in government depends on the way in which appointed and elected officials carry out their obligations. The president has to treat all those who commit acts of corruptions the same by upholding standardized regulations and appropriate punitive measures on those who violate established laws. Once public trust disappears in the ethical standards of public officials, the moral authority to govern crumbles and democratic governance falters.
U.S. Foreign Assets Control (OFAC) and sanctioned political elites.
Assisting Liberia to fight corruption, on August 15, 2022, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) designated Liberian government officials Nathaniel McGill ( former Minister of State), Sayma Syrenius Cephus ( former Solicitor General), and Bill Twehway ( former Manging Director, National Port Authority) for their involvement in ongoing public corruption in Liberia. The three officials were designated pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption around the world.[32] Meanwhile, on International Anti-Corruption Day (December 9, 2021), the Global Magnitsky Human Rights Accountability Act also sanctioned a former warlord now Senator of Nimba, Prince Yormie Johnson for corruption.[33] Besides the atrocities he committed during the war, as a Senator, Johnson has been involved in pay-for-play funding with government ministries and organizations for personal enrichment. The pay-for-play funding scheme involves millions of U.S. dollars. Johnson has also offered the sale of votes in multiple Liberian elections in exchange for money.[34] However, none of the sanctioned government officials have been prosecuted by Liberian government. In furtherance to its mandate to tackle public grift, on August 21, 2024, the Liberian Anti-Corruption Commission (LACC) invited Senator Nathaniel McGill as part of an investigation into allegations of payroll padding and corruption related to salary payments for a supplementary payroll containing 728 names at the Ministry of State for Presidential Affairs. Senator McGill served as Minister of State for Presidential Affairs. The General Auditing Commission investigation found that under Senator McGill created supplementary payroll without any policy authoring the ministry to regulate the hiring and management of supplementary personnel. The audit revealed that 739 staff members were listed under the supplementary payroll, with an annual salary expense of US$2,622,060--more than 50% higher than the total salary expense for regular staff[35].
Major issues with the establishment of the WECC
While the establishment of the court is endorsed by various groups in society, there are concerns that the creation of the WECC could engender insecurity and instability based on the experience of other post conflict societies[36]. Just as there is renewed enthusiasm to establish the WECC, there is also intense opposition against it. For example, key individuals who were named in the TRC's final report for possible prosecution (or lustration) have since gained considerable political power in Liberia. Former Liberian President Madam Sirleaf, in a recent radio interview, strongly voiced her opposition to the establishment of the war crimes court instead calling for a Liberian version of Rwanda's Gacaca-style traditional healing model. Formel MODEL leader, Thomas Nimely Yaya now Senator for Grand Gedeh County, recently rebuffed the establishment of the WECC arguing that it threatens Liberia's stability[37]. The TRC's final report named Sirleaf and recommended a 30-year ban from participating in politics but madam Sirleaf did not respect that recommendation and ran successfully for a second term as president. Like other warlords, the TRC accused MODEL for committing war crimes, including rape, murder, torture, forced labour, looting and recruitment of child soldiers, etc. Twenty-nine of Liberia's thirty senators voluntarily signed and endorsed the establishment of the WECC. "The comments from Senator Yaya is mere scare tactics intended to discourage the public from supporting the initiative", says a retired high school teacher in Sinkor.
Education plays a role in effective communicating. However, the high illiteracy level makes Liberian population vulnerable to manipulation; myopic social and ethnic solidarity; mis and disinformation, etc. Oxfam International estimated that at the end of the Liberian civil war, illiteracy rate among women in Liberia was about 90% more than 75% among men.[38] In present time, the literacy rate among young people is also estimated at 54.5% (64.7% for males and 35.3% for females) while among the adults, about 48.3% are literate. There are also concerns that amid Liberia's struggling economic situation the financial or potential financial burdens in setting up and maintaining a war crimes court could be expensive[39].
Although Liberia system of government is copied from the United States, however the concentration of power in the presidency and patronage system remains an integral component of the Liberia's governance structure. The president enjoys 'Imperial Presidency' and this allows him to exercise his right to 'fire and hire' anytime. However, exercising such authority tends to undermine public trust and, in some instances, goes contrary to democratic tenets. President Boakia's appointed Cllr. Jonathan Massaquoi to head the WECC but the appointment received mixed reactions from the public, particularly Justice activists most of whom expressed anger at President Boakai's appointment without CSOs participation and because of Cllr. Massaquoi's role as the lawyer for former president Taylors- Agnes Reeves-Taylor, in a case against justice activists. But there are others who think Cllr. Massaquoi committed no crime but performed a professional task as a lawyer, hence should not be denied the opportunity to head the WECC. Of recent, president Boakai nullified the appointment and constituted a board to vet potential candidates.
These concerns are valid and reflect the sensitivity and complexity linked to establishing WECC. However, some stakeholders are calling for priority to be given to the overall purpose of the WEEC, in terms of social, economic and political dividends rather than placing too much emphasis on procedural shortcoming. For instance, one of the perennial barriers to development and durable peace in Liberia is systematic corruption, which is an enduring feature of the governing structure. As Cheng and Zaum (2013) posit, "in some post-conflict settlements, it has been the opportunities for corruption and patronage that were negotiated as part of the power-sharing agreements that have literally helped to 'buy out' potential spoilers in a conflict." As a result, actors who benefit from the spoils of war easily expand their power and authority, by consolidating their gains- using public offices for private gains, with impunity.
In other words, ill-gotten public resources were expanded through patronage networks to buy political support from their constituencies enabling them to ascend to and remain in political offices. The proceeds from the loots during and after the wars and corrupt deeds they were involved in continue to give former warlords, elites and other actors who benefited from the carnage better economic position making them to oppose the setting up of an Economic and War Crimes Court. These groups deploy various means, including threats, dis and mis information, weaponization of the poverty, ignorance, illiteracy, trumpeting social & ethnic solidarity and belongings, etc. Further, while some segments of the population support the establishment of WECC, others are indifferent and even opposed, especially if they believe that it may disrupt the fragile peace or if they have lost faith in the judicial process[40].
Conclusion
Liberia currently enjoys semblance of peace and stability, however for Liberia to prevent a relapse to conflict, it is critical to tackle war atrocities and other forms of violence, including corruption, which is impeding and undermining Liberia's quest for 'Positive Peace'. Fourteen years of armed conflict severely affected the fabric of the entire country undermining the ability for Liberians to enjoy the realization of Economic, Social, and Cultural Rights (ESCR). Even in post conflict Liberia, consideration for ESCR have consistently been left out in the different interventions, particularly when it comes to dealing with the legacies of the wars, be it in criminal prosecutions, truth-seeking exercises or other measures of post-conflict justice.
Thankfully, President Joseph Boakai has finally signed an Executive order to establish Liberia 's first WECC. The action taken by the president is quite encouraging, despite pushbacks and roadblocks from some of the 'Big Elephants in the Room' and their sympathizers. The initiative will allow Liberians, especially the victims to tell their stories while the perpetuators will provide answers. This will help bring psychological closure; end the culture of impunity and give agency to the previously voiceless and powerless individuals and communities. Yet, for the WECC to be credible and apolitical, President Boakai needs to demonstrate fairness to previous and current government officials who are caught in practices of bad governance. The WECC should not only be targeted at perpetuators at the other end of the political divide without doing likewise for those in the current political dispensation.
Belligerent groups committed outrageous atrocities, destroyed homes, raped women and girls, looted banks, looted and damaged properties and livelihood, in some instances even denial communities' access to receiving humanitarian relief as some communities unjustifiably experienced massacre based on false accusations. In human rights language, such scenarios are understood as violations of ESCR. These violations need to be addressed and as President Boakai said "if we want for peace and harmony to have a chance to prevail, justice and healing must perfect the groundwork". Indeed, the groundwork starts by seeking accountability and justice for war crimes and other abuses. With the current political will, we need to persuasively reach out to all Liberians by providing awareness, particularly to hardcore sympathisers of perpetrators, most of whom think that the WECC will not offer them anything.
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With the high illiteracy level in Liberia, providing simplified user-friendly answers in terms of how the WECC would address individual, community and the nation's needs will transform those who are against the initiative to embrace the WECC. Given the recurring question of what benefits communities and individuals tend to derived, when trying to introduce any new projects, this initiative needs to consider the issue of reparation and compensation, where necessary.'. Some Liberians do not want to open old wounds and waste their time on initiative that will not bring about change. Experience has shown that to fully transform sceptics and integrate community voices, fair and flexible compensatory arrangements are required. Example could be the learned from Supporting Reconciliation project in Nimba County. The project developed a fair compensatory arrangement but unfortunately the implementation was awarded to a political actor by President Sirleaf. It is hoped that the WECC will not follow similar trajectory.
There is a need to bridge the impunity gap and this should not be one sided. WECC will need to build constructive relationships with other transitional justice mechanisms. Transparency and fairness are important in the implementation of the WECC. President Boakai therefore needs to demonstrate fairness by treating all those across the political divide the same. Once somebody is caught in the corruption web, he or she should face penalty, irrespective of which party he or she belongs to. It is important to note that once public trust disappears in the ethical standards of public officials, the moral authority to govern crumbles and democratic governance falters. WECC will be successful if the implementation strategy goes beyond ethnic, tribal, social, political, and religious alliance.
Finally, massive human rights violations require a complex and integrated response comprising a variety of complementary mechanisms, including prosecutions, truth-seeking mechanisms, institutional reforms, reparations, and programs that address the problems face by 'At Risk' youth as well as the reintegrate ex-combatants. In designing each mechanism effort should be made to ensure that they are participatory and complement rather than undermine one another.
[1] Taylor MB (June 24, 2021). War Crimes of an Economic Nature. In: War Economies and International Law: Regulating the Economic Activities of Violent Conflict. Globalization and Human Rights. Cambridge University Press; 2021:161-286.
[2] https://www.cadtm.org/Liberia-The-dictatorship-of-the-multinational-corporations
[3] https://frontpageafricaonline.com/news/former-special-representative-of-ecowas-president-to-liberia-wants-war-crimes-and-human-rights-violations-actively-addressed%EF%BF%BC/
[4] https://verityonlinenews.com/president-boakai-commended-by-u-s-congressman-chris-smith/
[5] https://www.theafricareport.com/343611/opinion-why-i-support-liberias-war-and-economic-crimes-court/
[6] https://www.aljazeera.com/features/2024/6/18/liberia-civil-war-survivors-war-crimes-court
'Bring hard justice': Liberia civil war survivors welcome war crimes court
[7] Joaquin M. Sendolo, Female Victim Pleads for War Crimes Court, Liberian Daily Observer, May 21, 2018, https://www.liberianobserver.com/news/victim-pleads-for-war-crimes-court
[8] https://www.africanews.com/2024/04/10/liberian-senators-back-creation-of-war-and-economic-crimes-court//
[9] https://www.voaafrica.com/a/liberia-s-lower-house-s-passes-resolution-to-set-up-a-war-crimes-court/7515078.html
[10] https://www.reuters.com/world/africa/liberian-president-signs-order-create-war-crimes-court-2024-05-02/
[11] Laura R. Cleary and Ibrahim Al-Bakri Nyei (2024). Beyond check and balances. How accountability and oversight mechanisms work in Liberia's security and justice sectors.
[12] The draft contract obtained by Human Rights Watch indicates on page 28 that the contract would have been signed by Land, Mines and Energy Minister Jonathan Mason, Finance Minister Lucinee Kamara, Chairman of the National Investment Corporation Roosevelt Quiah, and WAMCO general manager Michael St. Yrian. The contract would be attested to by Justice Minister Kabineh Ja'neh and approved by NTGL Chairman Bryant.
[13] "Liberia: Double Wamco: Six months before elections, ministers have signed a deal on a trade in banned diamonds," Africa Confidential, vol. 46, no. 9, April 29, 2005.
[14] Gregory Coleman and Ben Spatz ( June 2022) Veneers of governance Lessons from Liberia's growing vulnerability
[15] United Nations, "Report of the Panel of Experts established pursuant to paragraph 8 (f) of Security Council resolution 1579 (2004) concerning Liberia," March 17, 2005, articles 17-24.
[16] Report from the Special Investigation Committee that was constituted by Plenary to Investigate Financial and Administration Mal-practices at the National Transitional Legislative Assembly (NTLA)," submitted to the Plenary of the NTLA on March 8, 2005
[17] IRIN, "Leaders of Transitional Parliament Suspended for Corruption," Monrovia, March 14, 2005.
[18] IRIN, "Liberia: Three Government Officials Charged with Siphoning Off $3.5 Million," Monrovia, August 3, 2005
[19] UNMIL Daily Radio Summary, August 13, 2005.
[20] Liberian Economic Governance Action Plan, draft, June 7, 2005, p. 2-4.
[21] Former Interim Leader against "Expatriate Management" of Liberia," Heritage, June 27, 2005.
[22] Paul Fitzgerald, Robert Herman, Gilbert Khadiagala, Madeline Williams, "Democracy and Governance Assessment of Liberia: Transition From a Failed State?," draft report submitted to USAID, October 2004, p. 52.
[23] https://www.globalwitness.org/en/campaigns/corruption-and-money-laundering/anonymous-company-owners/sable-mining-bribes-and-questionable-payments-liberia/
[24] See annex
[25] https://website.frontpageafricaonline.com/opinion/from-delta-to-sable-mining-a-tragic-tale-of-a-shady-investment-gone-wrong/g
[26] https://www.theafricareport.com/307680/liberia-court-of-arbitration-for-sport-dismisses-bilitys-appeal-against-10-year-ban/#:~:text=FIFA%20judges%20found%20Bility%20guilty,the%20FIFA%20Code%20of%20Ethics
[27] https://www.globalwitness.org/en/campaigns/corruption-and-money-laundering/anonymous-company-owners/sable-mining-bribes-and-questionable-payments-liberia/
[28] https://lacc.gov.lr/sites/default/files/documents/Annual-Report-2016-2017-Final.pdf
[29] https://lacc.gov.lr/sites/default/files/documents/LACC-2023-ANNUAL-REPORT-For-Publication.pdf
[30] https://frontpageafricaonline.com/news/liberia-center-for-transparency-and-accountability-in-liberias-anti-corruption-report-shows-president-boakai-fails-to-hold-officials-accountable/
[31] Ibid
[32] https://home.treasury.gov/news/press-releases/jy0921
[33] https://lr.usembassy.gov/u-s-treasury-sanctions-prince-yormie-johnson-under-global-magnitsky-act/
[34] Ibid
[35] https://independentprobe.com/2024/08/20/liberia-lacc-goes-for-mcgill-others-in-ministry-of-state-audit/
[36] https://www.justiceinfo.net/en/132466-evidence-battleground-liberia-war-crimes-court.html
[37] https://frontpageafricaonline.com/front-slider/liberia-warlord-claims-war-crimes-court-will-dismantle-peace-as-victims-take-center-stage-at-peace-commemorations/
[38] A Human Rights-Based Approach to Education © United Nations Children's Fund/ United Nations Educational, Scientific and Cultural Organization, 2007
[39] https://frontpageafricaonline.com/liberia-war-crimes-trial/war-crimes-court-economics-who-will-pay-and-will-it-boost-liberias-struggling-economy/
[40] https://www.bbc.com/news/world-africa-68946897
