Background Briefing Paper on the establishment of the Truth and Reconciliation Commission

December 2005

The Comprehensive Peace Agreement signed on 18 August 2003 by the parties to the Liberian civil war provided at Article XXIII that a Truth and Reconciliation Commission (TRC) will be established with the aim of establishing the causes of the conflict and promoting national reconciliation. A number of steps have since been taken by the national authorities and the international community to establish this Commission. In April 2004, the chairman of the National Transitional Government of Liberia (NTGL), Gyude Bryant, appointed nine commissioners although at that time enabling legislation including a commissioner appointment process had not yet been enacted. UNMIL and members of the international community took the position that due to their unilateral appointment without requisite legal basis or regard for international best practice, these commissioners should be considered as acting, pending vetting and confirmation in accordance with legislation to be passed by the National Transitional Legislative Authority (NTLA).

HRPS, in collaboration with UNDP subsequently began a lengthy process of cooperation with civil society, the appointed commissioners and the NTGL to prepare draft legislation that would ensure the legitimacy of the commission. In May 2004, HRPS officers undertook a five county consultation process to speak with community leaders and learn what elements they would like to see in the future TRC. A TRC Draft Act Workshop gathering more than 70 civil society organizations and individuals was then conducted in July 2004 to discuss issues to be considered in a draft TRC Act. Following this a two-week long drafting session conducted by a technical drafting group composed of civil society members, distinguished lawyers and representatives of the Ministry of Justice was held in August 2004. The drafting sessions culminated in the Act which was submitted on September 22, 2004 to the National Transitional Government of Liberia for review.

The previous appointment of the commissioners proved to be a political sticking point preventing final adoption of the draft Act by the NTGL Chairman and submission to the NTLA. The commissioners and NTGL Chairman were initially unwilling to agree to the inclusion of a fresh selection procedure for commissioners or the appointment of international commissioners, arguing that such provisions would violate the terms of the CPA. These elements had been proposed by civil society to strengthen the TRC and ensure its credibility. HRPS coordinated the negotiations and continued to provide input to the contents of the draft to ensure that it would meet international standards. Final agreement on these points was reached following a rewording of the sections and the draft was forwarded by Chairman Bryant to the NTLA on 7 February.

In March and April 2005 HRPS stepped up its transitional justice public awareness activities with the aim of generating public interest and promoting the swift adoption of the draft Act with as little amendment by the NTLA as possible. Public meetings were held in 10 of the 15 Counties, supported by civil society. Interviews and discussions continued on UNMIL Radio.

HRPS worked closely with the chairman and members of the NTLA Peace and Reconciliation Commission in its consideration of the draft Law. This close collaboration was instrumental in the Act’s final adoption by the NTLA in plenary on 9 June. Article V provides for an International Technical Advisory Committee of three persons to support the commissioners in the fulfilment of their mandate. Two will be nominated by ECOWAS, and the third by OHCHR.

In accordance with Article V, on 10 August a nationwide public call was launched for candidate nominations. This was supported by UNMIL HRPS, Public Information and Civil Affairs components, who publicised the process and distributed nomination forms in all counties. HRPS subsequently collected nominations and forwarded them to the selection panel, coordinated by ECOWAS. HRPS supported the work of the selection panel in screening and interviewing candidates, including the appointee commissioners, and the HRPS Chief acted as the UN’s representative to the panel. On 22 September, a shortlist of screened candidates was submitted to Chairman Bryant for his consideration.

On 18 October, the Chairman of the National Transitional Government of Liberia (NTGL), Charles Gyude Bryant, announced that he had selected nine commissioners for the TRC. In addition to seven commissioners selected from this shortlist, the Chairman endorsed the reappointment of two previous commissioners whom the Selection Panel had recommended for continued service. The retained commissioners are: Rev. Ambassador Gerald Coleman and Sheikh Kafumba Konneh. The seven newly appointed commissioners are: Cllr. Pearl Brown Bull, Bishop Rev. Arthur F. Kulah (Rtd.), Mr. James H.T. Stewart, Cllr. Jerome J. Verdier, Mrs. Massa Washington, Mrs. Dede A. Dolopei, and Mrs. Oumu K. Sylla.

The road to legal establishment of the TRC and selection of commissioners has been a long one. Following the final selection and appointment of the commissioners, it is hoped that work will begin in earnest on the operational development of the institution; its staffing tables, budgets and work plans. In light of the great degree of suffering inflicted by Liberians against each other during the years of conflict and the extension of these crimes beyond the Liberian borders, the UN and the broader international community has a responsibility to support the TRC’s peace building work through capacity building, technical support and funding. To a great extent, the willingness of the international community to involve itself in this venture will depend largely on the commitment of commissioners and senior staff to the process. It is critical that the men and women appointed understand and are prepared to meet this historic responsibility.

Mandate

The TRC expects to look into events that took place from January 1979 to October 14, 2003, the seating of the NTGL, although there is provision for the TRC to look at certain relevant events which occurred prior to January 1979. The purpose of the Commission will be to promote national peace, unity, security, reconciliation and contribute to the cause of human rights by:

• Investigating gross human rights violations and war crimes, including massacres, sexual violations, murder, extra-judicial killings and economic crimes (such as the exploitation of natural or public resources to perpetuate the armed conflict);

• Investigating such abuses, as well as the perspectives of victims and perpetrators;

• Providing an opportunity for victims and perpetrators of human rights violations to share their experiences, in order to create a record of the past and facilitate genuine healing and reconciliation;

• Addressing the experiences of women, children and vulnerable groups, paying particular attention to gender based violations, as well as to the issue of child soldiers, and providing opportunities for them to relate their experiences;

• Making recommendations for the rehabilitation of victims of human rights violations in the spirit of national reconciliation and healing; and

• Producing a report that includes a comprehensive account of the activities of the TRC and its findings.

Functions and Powers of the Commission

The central functions and powers of the Commission, as stated in the TRC Act are:

• To investigate gross human rights violations and the nature, causes and extent of such abuses, including the root causes that led to such violations;

• To identify persons, institutions or organizations involved in such violations;

• To determine whether such violations were the result of a deliberate plan on the part of the government, political organization or group of individuals;

• To ensure accountability for such violations;

• To gather information through statement taking or public hearing from any person including victims of such violations, or the representatives of such victims, individuals, perpetrators, witnesses and institutions;

• To restore human dignity to victims and promote reconciliation, by providing an opportunity for victims, witnesses, and others to give an account of the abuses suffered as well as for perpetrators to relate their experiences, in an environment conducive to constructive interchange between victims and perpetrators. Special attention shall be given to issues of sexual and gender based violence, most especially to the experiences of children and women;

• To recommend amnesty under conditions established by the TRC, upon application of individual persons making full disclosures of their wrongs and thereby expressing remorse for their acts, provided that amnesty shall not apply to violations of international humanitarian law and crimes against humanity in conformity with principles of international law;

• To prepare a comprehensive report, which sets out its findings based on factual information collected by the TRC and includes recommendations for reparations for victims, legal and institutional reforms and the need for further investigation into particular matters or call for the prosecution of perpetrators of war crimes and gross human rights violations;

(Prepared by the Transitional Justice Unit of UNMIL Human Rights and Protection Section: Source Raphael Abiem)