Senator Nya D. Twayen of Nimba County has emerged as a vocal and persistent critic of ArcelorMittal Liberia (AML), holding the company's feet to the fire over its many alleged breaches of its Mineral Development Agreement (MDA). He has become, in many ways, the conscience of the people of Nimba, especially those living in the shadows of AML's mining operations.
His recent condemnation of the company's failure to fulfill its obligations--ranging from underreported profits and unmet scholarship promises to inflated investment figures--was as sharp and substantive as any critique seen in recent years. Yet, in his passionate appeal for accountability and fairness, the senator ventured beyond his lane when he suggested that members of the Legislature should henceforth be included in the negotiation of concession agreements.
That suggestion, while perhaps rooted in a desire for transparency, misapprehends the constitutional doctrine of separation of powers and the clear delineation of duties between the Executive and Legislative branches of government. Under the Constitution of Liberia, it is the Executive Branch--not the Legislature--that is empowered to negotiate agreements on behalf of the State. This includes not only concession agreements like those governing mining operations, but also bilateral agreements, multilateral accords, and international treaties.
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Article 50 of the 1986 Constitution vests the Executive power of the Republic in the President, who is the Head of State and Government and Commander-in-Chief of the Armed Forces. Furthermore, Article 58 authorizes the President to "conclude treaties and international agreements with the concurrence of the Legislature." These clauses affirm the President's lead role in negotiations and the Legislature's power to grant or withhold approval--nothing more, nothing less.
The Inter-Ministerial Concessions Committee (IMCC), which spearheads negotiations on behalf of the Executive, derives its mandate from the Public Procurement and Concessions Act (PPCA). Nowhere in that Act, or in the Constitution, is there a provision allowing the Legislature to insert itself into the negotiation process. To do so would not only upend the structure of governance but would also blur the lines of accountability.
If legislators become part of the negotiation process, they compromise their ability to impartially assess the outcome during the ratification stage. It would be akin to a judge helping draft a contract before presiding over a case involving its enforcement.
To be clear, Liberia--and many African nations--have historically fumbled in negotiating fair and equitable deals. Concessionaires have too often walked away with years-long tax holidays, generous exemptions, and the right to extract resources with minimal return to the host country, all under the guise of job creation.
This systemic weakness, however, does not warrant a procedural breach of constitutional boundaries. Instead, it calls for stronger institutional capacity, better legal and economic advisors, and a public that holds its leaders accountable throughout the negotiation and ratification process.
Senator Twayen is right to be concerned about the one-sided nature of many of Liberia's investment agreements. He is right to demand more for the people of Nimba and Liberia at large. But he is gravely mistaken in proposing that legislators be made part of the negotiation teams. The proper role of the Legislature is to serve as a check on Executive power--not to co-govern the negotiation process.
If a proposed agreement is found wanting, lawmakers can exercise their constitutional authority to return it to the Executive for revision or reject it altogether. That is how checks and balances work.
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Moreover, opening the negotiation process to political actors risks injecting partisanship and local political agendas into what should be a highly technical, national-interest-driven process. It also runs the risk of breaching confidentiality clauses and stalling progress. Liberia needs competent, empowered negotiators on the one hand and diligent, impartial lawmakers on the other--not a merger of the two roles.
The Constitution was designed with intention: to prevent the concentration of power, to foster accountability, and to preserve the integrity of public office. As the country enters a new chapter in investment governance--particularly with the landmark Ivanhoe Atlantic agreement--it is crucial that all branches of government operate within the bounds of their constitutional authority.
Let Senator Twayen's call for more rigorous oversight stand. But let it stand within the framework of constitutional order. The separation of powers still matters.
