TRC Act - Summary of Key Provisions

The Truth and Reconciliation Act of Liberia
Submitted to the National Transitional Government of Liberia 22.09.2004
Passed by the National Transitional Legislative Assembly 12.05.2005
Summary of Key Provisions

In accordance with Article XIII of the Liberian Comprehensive Peace Agreement, which calls for the establishment of a Truth and Reconciliation Commission in Liberia, UNMIL’s Human Rights and Protection Section, together with the United Nations Development Program, and the Center for Democratic Empowerment, a member of the Transitional Justice Working Group, collaborated to hold a series of activities, which culminated in the production of this TRC Act. In particular, these groups, with the assistance of the USAID/Office of Transitional Initiatives, collaborated to hold national consultations in June 2004 with Liberian society in five counties and conducted a survey of such groups’ expectations for the role of a TRC in Liberia.

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 made 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. Following the review the Act was heard before the National Transitional Assembly and passed on June 10 2005.

Establishment & Composition of the TRC

According to the TRC Act, the Commission will be composed of nine (9) commissioners, four of which shall be women. The Act calls for a formal and transparent selection process of TRC commissioners and the current appointees will be included in the list of nominees for review and public scrutiny, according to specific criteria stated in Section 11 of the Act. This will involve a public call for nominations during August 2005. The call will ask for members of Liberian society to nominate those people whom they believe will be most suitable. Section 11 states:

‘Members of the TRC shall be persons in good health, of credibility, high integrity and honour; not known or perceived as human rights violators or members of groups involved in human rights violations; and without prior conviction for a crime. As a whole, the Commission shall be balanced, representative of Liberian society, perceived as impartial in its collectivity, and of diverse professional and regional backgrounds. Upon appointment, commissioners shall renounce their membership of political parties.’

The commission members will be assisted in their work by an International Technical Advisory Committee composing three members which will advise commissioners on the implementation of their mandate. Once established during a six month preparatory phase the TRC will run for a period of two years, with the possibility of extension for good cause shown, and will have a national office in the city of Monrovia, as well as offices established in other parts of Liberia and elsewhere. TRC members are expected to carry out their functions free from political bias or personal interest, while the Commission on the whole shall function independently and separately from any party or government body.