Liberia: TRC and War Crimes Court?

Posted At : 1:36 AM | Posted By : Lana Obradovic
http://www.salzburgseminar.org/ihjr/blog/index.cfm/2006/5/30/Lana%20Obradovic

Related Categories: Africa

A nine-man delegation, headed by the Chairman of the Liberian Truth and Reconciliation Commission (TRC), Cllr. Jerome Verdier, arrived yesterday in South Africa. Their goal is to learn from the South African experience, broaden their knowledge of issues relating to transitional justice, as well as observe the impact of the reconciliation process in that country.

Last week, Cllr. Verdier visited the United States, where he met with officials of the Department of State and Justice Department, the World Bank, the Open Society Initiative for West Africa (OSIWA), the National Endowment for Democracy (NED), and the US Institute for Peace and National Security. He made a trip to Pennsylvania, where he met with officials and members of the Liberian Community as a part of the Commission's continuing outreach initiative aimed at engaging every Liberian, including those living in the Diaspora. According to some reports, Liberians who attended the meeting expressed delight in the TRC and underscored the need for all Liberians, including those living in the Ivory Coast, Ghana, Guinea and Nigeria, to support and fully participate in the TRC process. They also submitted a proposal to the government of Liberia, asking for the creation of reconciliation sites in different parts of the United States. During the same week, six of nine Commissioners of the TRC were touring the 15 political sub-divisions of the country to acquaint themselves with stakeholders of the TRC process in the leeward counties.

It seems that the TRC team has been working hard on gathering support not only from foreign governments and international governmental and non-governmental agencies, but also from Liberians at home and abroad, before the hearings start in June.

One of the reasons appears to be the increased effort of the group Forum for the Establishment of a War Crimes Court in Liberia. On May 12th, 10,000 Liberians marched in support of the Forum’s initiative. They presented their petition to the National Legislature, the United States Embassy, African Union, ECOWAS and the United Nations representatives in Liberia.

The group complains that the Truth and Reconciliation Commission lacks the power to effectively punish war crimes because of their limited mandate. The Commission, established by the National Transitional Legislative Assembly in June of 2005 in accordance with the Accra Comprehensive Peace Agreement in 2003, does not have the authority to try any suspects. Its primary responsibility is to document abuses that have taken place during the governments of Samuel Doe and Charles Taylor, and make recommendations for restitution.

TRC’s mandate is to “investigate 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).” The Commission is also to provide an opportunity for victims and perpetrators of human rights violations to discuss their experiences, “in order to create a record of the past and facilitate genuine healing and reconciliation.”

Liberia's president, Ellen Johnson-Sirleaf, has expressed her disapproval about the formation of a War Crimes Court in Liberia, because she believes that all Liberia needs is a truth and reconciliation process. The Chairman of the erstwhile Sierra Leonean Truth and Reconciliation Commission, Bishop Joseph C. Humper, agreed with Ms. Johnson-Sirleaf, saying that having the Special Court in Sierra Leone to operate at the same time as the Sierra Leonean TRC greatly undermined the effectiveness of that country's reconciliation process.

The discussion has begun and will continue. Whether Liberia decides on the creation of a War Crimes Court in addition to a TRC is an issue of careful consideration and reflections.