Human Rights Monthly Report - September 2004 (2)

UNMIL Human Rights and Protection Section
Monthly Report September 2004

1. Executive Summary

• SRSG Klein gave a speech to the UN Security Council highlighting progress made thus far and the challenges ahead.

• Te second tranche of TSA payments commenced on 6 September; disarmament and demobilisation of all ex-combatants to be finalised by 31 October.

• Violent demonstrations in Monrovia and in an IDP camp highlighted the fragile stability and rule of law.

• Serious concerns were expressed by Military Observers in Harper, Maryland County (Sector four) regarding the security consequences of the lack of preparation for DDRR process due to commence there on 29 September.

• Announcement that voluntary return of IDPs to their areas of origin will commence on 1 October; likely to exacerbate security concerns and place strain on resources in those areas.

• HRPS established a monitoring team to systematically review detention conditions across Sector one.

• The absence of LNP officers in some areas has led to the self-appointment of some ‘volunteers’ as alternative authorities; this is without any legal basis and raises serious concerns as to the likelihood of human rights abuses.

• HRPS personnel provided training on human rights to law enforcement authorities, including LNP, CivPol, Peacekeeping troops and Corrections officers.

• Instruments of accession to a number of human rights were deposited with the United Nations in New York, strengthening Liberia’s commitment to human rights protection.

2. Political and Economic Developments and Trends

Demonstrations in Monrovia

Several demonstrations occurred in Monrovia this month, emphasising the efforts that still need to be made in reinforcing stability. However, it is positive that the demonstrations were largely peaceful and no recourse was made to the use of deadly weapons.

On 9 September a demonstration held in downtown Monrovia by students and faculty members of the University of Liberia turned violent, with stones thrown at passing cars, including UNMIL vehicles. The demonstrators were protesting against the recent appointment by NTGL Chairman of the new President of the University. Jordanian and Nepalese FPU intervened to calm the situation. On 11 September, the NTLA, student bodies, university faculty and acting President of the University reached an interim consensus and the demonstration was suspended. Also on 11 September, a related demonstration was held by approximately 80 students protesting against the arrest of their colleagues on the ninth. The arrested suspects were eventually released for lack of evidence. On 13 September, the university year recommenced satisfactorily, however controversy continues and the situation will be monitored for its potential to degenerate once more.

The Acting Chief of HRPS advised a CivPol post-event debrief that security personnel should be provided training on the UN Guidelines on Crowd Control, and that peacekeeping troops should be used as necessary in accordance with the chapter VII powers under the UNMIL mandate. HROs assisted in the collection of information on the events of 9 September.

On 10 September, a strike by workers at Freeport against low salaries, alleged corruption in port management and delays in the appointment of a Managing Director, brought port operations to a halt. It is reported that LURD elements were involved in stirring up the protestors. On 18 September, the position of Managing Director was filled following the election of Joe Gbala, who had been nominated by LURD Chairman, Sekou Conneh. His nomination had been contested by LURD elements loyal to rival LURD leader and Minister for Justice, Kabineh Ja’neh. The National Port Authority is a very significant body as the port and the international shipping fleet registered under the Liberian flag are among the very few sources of national income.

Another demonstration on 10 September involved the blocking of Somalia Drive by a group of people protesting at the police’s failure to arrest suspects in a murder case. The protest ended peacefully.

Women demand guaranteed representation

On 13 September, approximately 200 women, including the wife of former President Charles Taylor, Mrs jewel Howard Taylor, held a demonstration outside the Capitol Building demanding that draft electoral legislation include a provision stipulating 30% female representation amongst representatives to be elected in the 2005 elections.

Calls for accountability

On 16 September, Ellen Johnson Sirleaf, Standard Bearer of the Unity Party, Chair of the Good Governance Reform Commission and a leading figure in Liberian politics, made a public call for accountability and transparency in government and urged the population to work for the development of society. Mrs. Johnson Sirleaf is considered a potential presidential candidate, having come second to Charles Taylor in the disputed 1997 elections. Being a high-profile woman of integrity who commands popular respect, Mrs. Johnson Sirleaf is a valuable role model for Liberian women.

Controversy regarding DDRR

On 14 September 2004, the NTGL Coordinator for National Commission for DDRR (NCDDRR) matters, Mr. Moses Jarbo, alleged in a statement to the 91st plenary session of the NTLA that UNMIL has sidelined the NCDDRR, that UNMIL believes that Liberians are not capable of managing and carrying out the DDRR process and that UNMIL and UNDP have set up a “parallel structure” to implement the DDRR programme. In the same plenary session, the Speaker of the NTLA, George Dweh, responded to the remarks and made a comment to the effect that he had the power to stop the DDRR process. These allegations were refuted by OIC of UNMIL, who also publicly reminded the transitional leaders that any halt to the DDRR process would have serious consequences for the efforts to re-establish peace and stability in Liberia. NCDDRR was established in accordance with the CPA and is composed of NTGL, factions and international partners including ECOWAS and UNMIL.

SRSG’s speech to Security Council

On 13 September, SRSG Klein gave a speech to the Security Council outlining the progress made to date in bringing peace and stability to Liberia and the many grave challenges that still exist. In relation to the achievements made to date, SRSG cited the larger than expected number of ex-combatants already disarmed (approximately 75,000), the near complete deployment of peacekeeping troops and the deployment of Civil Affaires and HRPS officers. It was particularly noted that HRPS supported the drafting of the Truth and Reconciliation draft Act and the Independent National Commission on Human Rights draft Act, as well as contributing to strengthening grassroots human rights organisations. It was also noted that planning for the 2005 elections is on track. SRSG also referred to the spontaneous returns of Liberian refugees from other countries, indicating public confidence in the peace process, and mentioned that UNMIL and ICRC have executed an MoU for the voluntary repatriation of foreign ex-combatants.

However, the list of challenges presented by SRSG Klein is long. Chief amongst these is the serious lack of funding for rehabilitation programmes for ex-combatants. SRSG advised that of the 75,000 ex-combatants disarmed to date, funded vocational training or education places exist for only 10,700. The serious funding shortfalls will also affect the resettlement of returning IDPs and refugees, with the consequences that there will be no viable communities outside Monrovia to absorb reintegrating ex-combatants. SRSG noted that the failure of the demobilisation programme held in the late 1990’s was one of the key factors leading to the recommencement of hostilities amongst the factions; stability was sacrificed for lack of immediate economic relief. SRSG urged member States to make good on their pledged donations.

SRSG also noted the Government’s current incapacity to effectively manage the country, due in part to lack of funding and equipment but also to a lack of commitment to restoring stability to the country. SRSG noted that factional politics holds the attention of NTGL and NTLA members more strongly than a desire to build a cohesive administration. In particular, the factional disputes within LURD and continuing evidence of corruption and lack of transparency were cited as major hurdles to stability. SRSG noted that the National Elections Commission is entirely dependent on UNMIL and other international support, while some members of the NTGL appear to want to delay elections for their own benefit. The poor functioning of the justice system received special mention, as did the overcrowding and generally deplorable conditions of the detention system.

SRSG emphasised the need for an end to impunity and noted that “Charles Taylor’s shadow still looms over Liberia”. SRSG urged that he be brought for trial before the Special Court in Sierra Leone in accordance with the indictment for war crimes and crimes against humanity.

On 17 September, the UN Security Council unanimously adopted Resolution 1561 (2004), extending the mandate of UNMIL for a further 12 months until 19 September 2005. The resolution refers to the need for all Liberian parties to demonstrate their full commitment to the peace process and to ensure free and fair elections in October 2005, and calls on the international community to support the financial needs of Liberia and in particular to meet the pledges for financial support to the rehabilitation of ex-combatants.

On 22 September, the NTGL Chairman gave a speech to the UN General Assembly, in which he called for the sanctions currently imposed against timber and minerals to be lifted in order that these industries may resume and provide legitimate employment for the nation which is racked by chronically high joblessness. Editorials in the Liberian press reflected mixed views, but a number suggested that it was too early in the peace process for the sanctions to be lifted. The presence of minerals and other natural resources in some areas has also been cited by residents’ groups in community meetings as a potential provocation of continued conflict in areas where LNP are not yet deployed.

On 24 September, SRSG Klein told the Results-Focused Transitional Framework workshop in Washington DC, USA, organised by the World Bank, that Liberia’s recovery is hampered by the NTGL’s lack of transparency and accountability in administering public funds.

Factional splits in LURD

Growing factionalism in the former rebel group LURD is emerging as a threat to the peace process. LURD is nominally led by Sekou Conneh, who was one of the founders of the rebel group. However, following a banal marital dispute, his estranged wife Aisha Conneh emerged in July this year as a powerbroker to rival her husband’s position. In Sekou Conneh’s absence, Ja’neh, with the support of Aisha Conneh and a cross-section of LURD fighters, announced that he had overthrown Sekou and declared himself leader of LURD. In response, Sekou Conneh returned to Liebria, where he amassed his supporters in Tubmanburg, a LURD stronghold, and in turn announced that he is still the Chairman. Thus each man now claims to represent LURD and this situation may result in a complete split of the faction, further disrupting the already weak inter-factional cooperation in the NTGL and NTLA. The dispute between the two men will be particularly relevant following the October 31 dissolution of factions and their transformation into political parties. In the meantime, differences between the factions have already been noted, including the involvement of the rivals in manipulating the port workers’ strike (see above).

It was also reported in the press this month that associates of ex-President Taylor are recruiting former fighters of the pro-Taylor faction in Nimba County to travel to Guinea to support an armed insurrection in that country. Nimba County, which borders Guinea and Côte d’Ivoire, was a stronghold of pro-Government forces during the civil war. It is reported that the mercenaries are paid between $150 and $200 and are transported across the poorly-patrolled border overnight. Although it was acknowledged by UNMIL in July that fighters were trading weapons across the border for motorbikes, these latest reports have not yet been authenticated.

3. Human Rights Situation, Developments and Concerns

Transitional Justice

On September 9, a CivPol team visited Greenville, Sector four, to investigate allegations of war crimes including murder and systematic destruction against former MODEL commander Anthony “Chief” Weah, currently detained in Monrovia. The team met with an eyewitness and consulted with MODEL ex-combatants. To date, there is no NTGL policy to try perpetrators of past human rights violations in any forum. Thus all such cases investigated at this stage would have to be tried in the already barely operational criminal justice system. It is also useful to note that Liberia has ratified the Rome Statute of the International Criminal Court.

On 22 September Amnesty International filed an application in the High Court of Nigeria to appear as amicus curiae before the Court in its review of the Nigerian Government’s decision to grant refugee status and immunity from prosecution for war crimes to former Liberian President Charles Taylor. Under the Refugee Convention, persons who have committed war crimes or other serious offences are ineligible for refugee status. Taylor was indicted last year in the Special Court for Sierra Leone on charges of crimes against humanity and war crimes following his support for rebels in that country’s civil war. In August 2003, Taylor sought refuge in Nigeria, one of the main negotiators for peace in Liberia. The Comprehensive Peace Agreement which ended Liberia’s civil war last year calls on parties to consider a general amnesty for offences committed (although this would violate international law). It is expected that when the AI application is heard by the Court, the Nigerian Government will argue that Taylor’s refuge was a special case of international cooperation to promote regional stability. The Court’s decision will be an extremely interesting indicator of the degree of acceptance in the sub-region of international legal principles relating to war crimes.

Law enforcement

On 10 September, a ceremony was held to mark the completion of phase one of the training programme for the first 132 police recruits for Liberia National Police. The recruits have completed the first phase of the training, three months’ academic study, and will now proceed to phase two field training before returning to the Academy for further study.

Officers of the Liberia National Police (LNP) have not yet been deployed to Sector four. In the absence of national law enforcement authorities, 14 so-called ‘volunteers’ have begun acting as police in Zwedru. Many of these men have applied to join the LNP but at present they operate entirely outside the law, with no authorisation or means of accountability. Whilst these initiative may be seen as a positive step to restore law and order, HRPS has observed that their efforts, albeit well-intentioned, are intermittent. These activities are clearly unlawful and HRPS is concerned that at best they may confuse the mission’s message to the community to observe the rule of law. At worst, this situation may set an example for vigilantism and undermine future legitimate police activities. These men are establishing themselves as an alternate power structure in the community, and their authority may in the future prove better accepted than the regular LNP.

CivPol, which is not permitted under the mandate to perform direct police functions in the absence of LNP, have attempted to provide some guidance to the volunteers, and have encouraged them to take people ‘under arrest’ to the local magistrates court. Predictably, such advice is not always acted upon. In one case monitored by HROs, a man was pressured by volunteers to stay at the police station in order to pressure him to pay compensation for property he had allegedly stolen. Following the intervention of HROs, the man was released after one week of illegal detention. Discussion with the local magistrate indicated that the man had not been tried or convicted for the alleged offence.

It is essential that PKF implement their authority in accordance with the UNMIL mandate to undertake law enforcement activities until such time as LNP can be deployed to Sector four. Community education programmes regarding the rule of law and legitimate law enforcement may need to be strengthened to address any confusion.

This month HRPS began monitoring the exercise of police authority by private security groups. While there appears to be some legislative provision for the exercise of powers of arrest by security guards, particularly those working for large companies, the manner in which the arrest and the subsequent detention is carried out is of concern. On 27 September, a number of persons were found to be held in the custody of a private security firm in Sector three for more than five days. HRPS is looking into this matter closely.

A high-level sub-regional conference on human trafficking will be held in Monrovia on 18 and 19 October. Participants will include the CivPol Commissioners of UNMIL, UNAMSIL and MINUCI, the Commissioners of national police of Liberia, Sierra Leone and Côte d’Ivoire and the heads of human rights sections in each mission, among others.

Concerns were expressed in a number of counties regarding the difficulties of enforcing the law in light of the continued presence of armed ex-combatants. Police in Harper, Sector four, advised that the presence of arms in the county is making arrests more difficult and welcomed the imminent disarmament process. The security situation in Gbah was a major issue raised at this month’s Sector two regional humanitarian coordination meeting. According to NGOs working in the area, ex-combatants threatened to loot or destabilize businesses on market day, thus forcing residents to shut down activities before the close of day. In response to this, PAKBATT said that they would look into the allegations.

On 15 and 17 September there were demonstrations by ex-combatants throughout Sector two, preventing travel to the area.

On 20 September, HROs and Monitoring and Protection Advisor travelled to Guthrie Rubber Plantation, Grand Cape Mount County, and interviewed camp dwellers following reports of murder and serious assault (throwing sulphuric acid) at the plantation. CivPol and LNP homicide specialists are continuing their investigations. Information obtained during the interviews suggests that LURD maintains control of the rubber plantation and is failing to meet its obligations under the CPA to act in accordance with the law. It appears that LURD members of the NTLA have not attempted to discourage their subordinates in the field from running the plantation in violation of minimum employment conditions. LURD must be pressured to take appropriate action against their subordinates and LNP should look into the possibility of establishing a police station in the plantation.

Courts and Judiciary

The magistrate for Tubmanburg (Sector two) is now in place. This is a very positive step, taking into consideration the many constraints the LNP has faced during the past months, in terms of the issue of 48 hours pre-trial detention orders and the detaining of minors.

During a meeting with the Grand Bassa County Attorney, HROs for Sector 3 were informed that apart from the Buchanan Magistrate Court no other Magistrate Court in Grand Bassa County had transferred cases to the Circuit Court. This indicates that the other Magistrate Courts in Grand Bassa County are probably trying cases beyond their jurisdiction. Moreover, allegations have been received that Magistrates in Palm Bay and LAC plantation routinely abuse their powers to enrich themselves and oppress the community. The associate magistrate for Palm Bay Magistrates Court was suspended this month following allegations of theft. The St. John, Edina and Palm Bay Magistrate Courts do not yet have an appointed public defence counsel, which leads to abuse of fair trial rights.

CivPol officers in sector one complained of a lack of transparency of local judiciary and the limited capacity of CIVPOL and LNP to follow up on cases once the case has been sent to the Kakata Magistrates Court. Particular reference was made to the case of the rape of a thirteen year old juvenile. The police officers expressed their frustration that despite all their efforts the case is still at its initial stage and the perpetrator remains free on bail and not even indicted.

In May of this year, HRPS proposed to USAID/OTI that it consider funding legal aid projects to be implemented by civil society organisations and that this would assist in reducing the pressures on city solicitors and in turn reduce overcrowding in the prison system. The project is now underway and has already led to the release of at least 13 people, represented by Foundation for Human Rights and Democracy.

Very poor detention conditions

Following the serious violations discovered in Monrovia central holding cells last month, HRPS established a team to review monitor detention standards in sector one. This systematic review and the routine visits conducted by all monitoring teams to police cells and prisons in each sector indicate that the detention conditions in Liberia are almost uniformly far below minimum standards.

Problems seen across the county include the lack of sufficient cells or space in prison cells; lack of separate cells for males, females and juvenile male and females; lack of bathing, washing and toilet facilities; poor ventilation and lighting; lack of adequate food and water; lack of female police to search and interview female suspects; suspects held beyond the 48 hour constitutional limit and delays in processing of suspects at the courts.

Several escapes from detention facilities in Buchanan (Sector three) and Zwedru (Sector four) highlight the need for correct implementation of basic security procedures, such as regular checks on detainees during the night and the constant presence of a night watch officer. Some facilities lack adequate physical measures such as barbed wire around the perimeter (for example, Buchanan prison).

HROs in sector three alerted a delegation from the Ministry of Justice visiting Buchanan to the poor conditions of the detention facilities. The delegation promised to raise the matter in a special report to the Minister of Justice. However, by the end of the month, the issues remained unresolved. On 27 September, HROs discovered 21 men detained in a 3m x 4m cell at the police station as the only other available cell still had a large hole in the wall from aprevious break-out. HROs facilitated a temporary solution but the problem requires the attention of the Ministry.

Sexual assault against children

Two serious problems confronting police in the investigation of sexual assaults against children were noted in relation to several cases monitored by HRPS Child Protection Unit this month. First, that forensic examination kits are unavailable throughout much of Liberia, reducing the effectiveness of post-attack medical examinations. Second, the absence of witness protection mechanisms leads to some victims being placed in danger. This problem was noted in relation to an attack on a nine year old victim and her relatives by associates of the suspect, an IDP camp official. The number of reported cases of rape committed against children continues to be of great concern.

IDPs

A number of county coordination and other meetings of UNMIL, NTGL and resident groups’ representatives across Liberia and attended by HRPS, discussed the organised return of IDPs, scheduled to commence on 1 October. There are approximately 300,000 IDPs in Liberia. Concerns were expressed by CivPol in areas where LNP are not yet deployed and by residents of areas to where IDPs will return regarding their impact on the community.

The stresses likely to be placed on resources in the areas of return should not be underestimated. At present, many areas are almost devoid of inhabitants, and the influx of tens of thousands of IDPs to such areas could place a great strain on available resources, particularly in light of the current poor crop production and food aid shortages. The continuing presence of armed ex-combatants could also pose a serious threat to security, particularly in those areas where there is not yet any LNP or peacekeeping presence, such as Gbarpolu County (see note below: Refugees).

The bi-monthly Bong County Coordination meeting (Sector three) was held on 9 September. The consensus was that the security situation was conducive for returnees to arrive in Gbarnga town. However, it was noted that the morale of parents is low due to the fact that they may face difficulties in affording school tuition for their children while ex-combatants receive scholarships. Perceived injustices or preferential treatment for ex-combatants is likely to be a source of tension in the future, particularly as the overall poverty and hardship suffered by all Liberians remains very great. The implementation of rehabilitation and reintegration programmes for ex-combatants will require sensitivity to the needs of the broader, non-belligerent community.

HROs for Bassa county, sector three, visited an unrecognized IDP community located in the Radio Building in Central Buchanan. The IDP community comprises approximately 140 persons, who do not receive any assistance or protection from the LRRRC or the donor community. According to UNHCR, only IDPs from recognized camps and returnees coming back in an organized form will benefit from the resettlement package. HROs are concerned as to what will become of those from unrecognized camps and will advocate that they too are given adequate attention.

On September 9, Sinoe (sector four) LRRR (Liberian Refugees, Repatriation and Resettlement Committee) coordinator expressed concern over serious food inadequacy in his county affecting IDPs and returnees. He stated that the situation regarding WatSan, education and health was not getting better and a larger more international presence was needed as Merlin, involved in health, was the only international NGO on the ground. IDPs and returnees were dispersed in town living mostly in temporarily abandoned/destructed houses and/or with relatives. He had submitted a proposal for the construction of an IDP/returnee transit camp to the Ethiopian peacekeepers after consulting with the ‘acting’ superintendent that was in favour of making land available for the structure.

The Grand Cape Mount County Resettlement Assessment Committee meeting on 13 September was attended by over one hundred and fifty people from IDP camps and host communities. Many expressed their satisfaction at the security situation within the county, and emphasized the need for the repatriation of IDPs and refugees to commence as some have already stated to return from various IDP camps and neighbouring countries. Other speakers, however, highlighted the fact that there was no LNP in the county and that there were only community mechanisms to deal with criminal and civil cases. They also indicated that LURD was still largely in control of the county and was likely to intervene in conflicts, which would not be welcomed by returning IDPs. Some representatives pointed out that the area is rich in diamonds and gold which could lead to future protection issues.

It has been reported that the WFP Country Director for Liberia has again warned that refugees returning to Liberia later this year will face starvation unless food aid shortages are met. At present, food aid beneficiaries only receive 1300 calories per day, instead of the recommended minimum of 2100 calories per day, due to shortages.

Refugees

On 16 September, the Security Assessment Committee, comprising representatives of UNMIL, LRRRC and civil society groups, announced that four of Liberia’s 15 counties are safe for the return of refugees and IDPs. Those counties are Margibi (Sector one), Bomi, Gbarpolu and Grand Cape Mount (all Sector two). Notably, Montserrado County, where Monrovia is located, was not included in the list. It appears that the assessment is yet to be completed in Monsterrado County. Gbarpolu is a surprising inclusion in the list, given that there is no peacekeeping presence or LNP yet deployed to that County. The inclusion of Gbarpolu raises concerns as to the accuracy of the information relied upon by LRRRC in making its assessment.

On 22 September, the Government of Ghana, the NTGL and UNHCR signed an agreement for the return of 42,000 Liberian refugees currently residing in Ghana. The repatriation, which will be strictly on a voluntary basis, will begin on 1 October and will last for two years. On 27 September, this was followed by separate agreements between the Governments of Liberia, Sierra Leone, Guinea and Côte d’Ivoire.

Approximately 50,000 Liberians have spontaneously returned from abroad since the CPA was signed on 18 August last year. However, many encountered difficulties en route, including the extortion of illegal taxes at the border. Thus the UN sponsorship of organised returns will be a very positive step, affording greater protection of the rights of return of those people.

DDRR

The second tranche of TSA payment to ex-combatants, including CAFF and WAFF, commenced on 6 September. The SRSG announced that the disarmament and demobilisation phase will be completed by 31 October.

HROs for Bong County (Sector three) undertook monitoring of camp conditions for ex-combatants. It appears that they are generally satisfied with the services provided but some indicate that although they are eager to reintegrate into communities and embark on academic/vocational activities, they are concerned about the reaction of host communities once they demobilize and leave the cantonment site. There is a need for ongoing sensitization programs akin to those provided at the cantonment site in addition to HR awareness activities, tailored for host communities and ex-combatants.

HROs in Sector four were advised by CivPol that several hundred MODEL ex-combatants, both from Grand Kru and Sainu areas, gathered in Greenville asking for prompt disarmament and food assistance. It is reported that the ex-combatants committed a series of thefts, in part due to the lack of food available to them but also in part in retaliation or frustration at delays. These offences are likely to have damaged the community’s faith in the success of demobilisation in the area. The MODEL forces had previously given assurances of patience. Ethiopian peacekeepers reported some two hundred CAFFs and WAFFs showing up at the Sainu Ethiopian contingent camp and asking for food. Peacekeepers provided the group with available biscuits and other items.

SRSG Klein announced this month that demobilisation would end in Liberia on 31 October. Following this date, all cases of weapons possession will be treated in accordance with applicable Liberian laws.

CAFF

On Friday 3 September in accordance with the MoU signed between ICRC and UNMIL last month, ICRC repatriated two children to Sierra Leone, reunified them with their families, and paid them their TSAs. On Tuesday 7 September, two children were reunified with their families in Cote d’Ivoire, and on Monday13 September, two children were be reunified with their families in Guinea. UNICEF is making arrangements in the countries of origin for follow-up on the children

The low numbers of child protection organizations at pick up points and D1 sites in Sector 4 was a concern this month. It was reported that some 210 CAFF linked to Government of Liberia were waiting in the Tapeta area for child protection organisations to provide them with an initial screening. Lack of child protection agencies’ presence was reported to be impeding MILOBs from transporting CAFFs from the Greenville pick up point to DD Zwedru site. The prolonged unprotected presence of children in the collection sites increases their vulnerability to adults who may attempt to abuse them directly or to pressure the children in handing over their TSA payment upon receiving it.

Mentally-ill persons

The involvement of HROs for Grand Bassa County (Sector three) in a case this month highlighted the difficulties faced in providing appropriate treatment to persons suffering from a mental illness, and in particular those persons who may become violent or disturb the peace whilst ill. At present, the rights of these people to appropriate medical treatment are not respected. The Mental Health Hospital in Monrovia is the sole such facility in Liberia and is managed by three psychiatric nurses. It appears that there are no practising psychiatrists in the country. LNP and CivPol urgently require training on how to handle cases of mentally-ill suspects.

Treaty ratification

On 22 September, Chairman Gyude Bryant of the NTGL signed, ratified and acceded to 17 Protocols and conventions that provide for the protection of civilians. Liberia has now ratified the following human rights treaties:

• Convention on the Elimination of Racial Discrimination
• Convention on the Elimination of All Forms of Discrimination Against Women
• Convention on the Rights of the Child
• Convention Against Torture
• International Covenant on Civil and Political Rights
• International Covenant on Economic Social and Cultural Rights
• Rome Statute of the International Criminal Court
• Refugee Conventions (both)

Liberia has forwarded letters of intent for signature in relation to the following human rights instruments:

• Optional Protocol to the Convention on the Elimination of Racial Discrimination
• First Optional Protocol to the Convention on the Rights of the Child (pornography and sale of children)
• Second Optional Protocol to the Convention on the Rights of the Child (use of child soldiers)
• Convention on the Rights of Migrant Workers and Their Families
• First Optional Protocol to the International Covenant on Civil and Political Rights (individual communications)

4. Activities Undertaken During the Reporting Period and Recommendations

Transitional Justice

During the reporting period, HROs in the Transitional Justice Unit (TJU) completed the information-gathering stage concerning the initial intake of approximately 4,000 LNP applicants whose names and photographs were supplied to HRPS by CivPol Recruitment Unit. The information is being used to screen LNP candidates who have met the basic selection requirements.

On 3 September, TJU HROs met with the TRC Commissioners to discuss support by HRPS for the remaining months of 2004 and into 2005, especially with regard to the provision of technical assistance to develop the TRC organogram, and advice on the 2005 plan of action. TRC has received funds from the NTGL, and has thus been able to secure temporary office space in the Ministry of Public Works and acquire basic office equipment.

On 21 September, the final draft of the Truth and Reconciliation Commission (TRC) Act was formally submitted to the Chairman of the NTGL, with copies to the Ministry of Justice and the TRC members and the implementing partner for the drafting exercise, the Centre for Democratic Empowerment (CEDE). The final draft was put together under the coordination of HRPS, with input from international consultants and members of the Transitional Justice Working Group.

On 22 September, HROs and representatives of CEDE were hosted on a one-hour UNMIL radio programme entitled “Lets Reason Together,” to speak about the draft Act and what can be expected from a TRC in Liberia. Members of the public called in to pose questions about: the concept of forgiveness, the importance of settling the past, amnesty and the possibility of prosecutions. The radio discussion is just one of many public awareness initiatives that HRPS is implementing to inform the public about the TRC, so that communities are prepared to engage with it once it begins operations. Another radio show was held on 29 September, with HROs and The Chairman of the TRC participating.

Child protection

Child Protection Unit provided crucial follow-up to a number of cases of rape or sexual assault of children this month. This intervention was required to ensure medical examination and treatment was provided to the victims, and to assist police to diligently complete their investigations.

On 7 September, the Child Protection Unit attended a meeting of the Task Force on sexual violence against children, held at the Ministry of Gender. The participants of the meeting agreed to organize a sensitization campaign on sexual violence against children using two different strategies: a country-wide sensitization on UNMIL Radio, and more targeted activities in various IDP camps. The participants agreed that they would invite NGOs working in the IDP camps to the next meeting to involve them in the campaign. UNICEF and UNMIL also undertook to contact their respective communications colleagues to begin developing ideas on messages for the campaign.

On 9 September, the Child Protection Unit attended the Gender Based Violence (GBV) Focal Group meeting at UNHCR and at that meeting the following was discussed: a detailed plan was worked out for a workshop on building the “Communication Skills in Working with Survivors of Gender Based Violence” slated to be held from 4-8 Oct. 2004 (this workshop is intended for the organizations that provide services to the victims and survivors of rapes and sexual abuses). Also on Thursday, 9 September, the Unit attended the UNMIL Gender Task Force meeting where training was held on “Gender Mainstreaming”.

On Thursday September 16, 2004, the National Child Protection Officer appeared on a live phone-in talk show on UNMIL Radio entitled “THA CHILDREN BUSINESS”. This talk show is co-sponsored by ANPPCAN Liberia, UNMIL Child Protection Unit, and UNMIL Public Information Section. The theme of this talk show was “Child Sexual Abuse.”

Rule of Law

HRPS established a focal team to work on monitoring detention issues in Montserrado County, beginning with investigations to the approximately 30 semi-irregular places of detention used by LNP in Monrovia alone.

On 1 September, the Acting Chief of HRPS, Rule of Law (RoL) Advisor and one HRO met with Counsellor T.C. Gould, Deputy Minister of Justice and Solicitor-General of Liberia, at his request. In particular, the Deputy Minister requested that HRPS share information on human rights developments in Liberia, support the Ministry’s strategic planning for rehabilitation of prisons, detention centres and courts and provide training to Ministry staff. After consideration of these requests, and in light of the HRPS framework document, HRPS Acting Chief decided to co-locate the Rule of Law Unit in the Ministry of Justice, to provide support to its human rights section.

RoL Advisor met with several national NGOs this month to discuss development of an access to justice civil society network. It appears that around 20-25 lawyers provide some legal aid services in seven counties, but their impact appears minimal due to logistical restraints and lack of networking for professional support. Major issues confronting the groups were access to information, lack of resources, logistics, and inadequate human resources in the legal field. RoL Advisor also met with the representatives of the University of Liberia Law School (the Arthur Grimes School of Law) to discuss initiating a clinical legal education programme and a series of roundtable discussions on human rights. The RoL Adviser commenced work on a project proposal for technical assistance to strengthen the Human Rights Unit of the Ministry of Justice.

RoL Advisor provided human rights training to 12 Liberian corrections managers. The training was organised by UNMIL Corrections Advisory Unit. Training on human rights was also provided (in conjunction with the Monitoring and Protection Advisor, see below) to two intakes of peacekeeping troops, as part of the induction course organised by G7.

National Institutions

National Institutions (NI) Advisor continued to support the development of the draft Act to establish the Independent National Commission on Human Rights. The NI Advisor continued work on the draft National Human Rights Strategic Plan, which will also contain the strategy of the Independent National Commission on Human Rights.

On 15 September, the National Institution Advisor and the Rule of Law Advisor met with the UNDP Human Rights Officer to discuss several human rights activities in which UNDP has been involved. It was agreed that UNDP and HRPS would collaborate on INCHR related activities. UNDP was also provided with the draft INCHR Act for their comments.

Human Rights Reporting and Monitoring

On 22 September, Monitoring and Protection Advisor provided a brief human rights induction course to around 25 new peacekeeping personnel. The increased willingness and interest of the peacekeeping force in receiving input into their orientation package is positive. HRPS will prepare a standard module to provide to all soldiers during their induction.

All sector teams undertook regular monitoring visits to police stations and detention centres to check conditions, and also met with judicial personnel in each sector to discuss human rights concerns. On a number of occasions this month, HRPS intervention led directly to the release of persons in illegal detention, including a number of juveniles.

Sector one HROs provided a two day human rights and law enforcement training to 17 LNP and five CivPol at Careysburg police station. It is planned that this training will be provided to other officers at Careysburg station.

Sector two HROs met with UNMIL Public Information Office to begin developing a strategy for human rights education through the broadcaster.

HROs for Bong County (Sector three) undertook a number of joint monitoring assessments of IDP camps in Bong County with the Justice and Peace Commission and Bong Youth Association. The assessments included monitoring the social, economic, political and security situation; conducting prison visits and observing court sessions; conducting capacity building sessions and visiting IDP camps. Aside from gathering human rights information, the purpose of these joint exercises was to build human rights capacity amongst national NGOs.

HROs for Grand Bassa County (Sector three) met with UNHCR and the head of the ninth Circuit Court to finalize the proposals for the Workshop scheduled for second week in October, to train the 18 Magistrates in Bong County on International Human Rights and Humanitarian Law. HROs also met the head of Radio Gbarnga to discuss weekly radio broadcasts on human rights awareness, due to commence in the beginning of October.

Sector three Grand Bassa County supported the resumption of hearings in the Second Circuit Court, Buchanan, by working with a local NGO to identify and encourage potential jurors. Prior to the identification of jurors, who have now been sworn in, the court was unable to function.

5. Administrative, logistical and support-related issues and recommendations

Three staff members were temporarily seconded to DDRR to assist with the second TSA payment to ex-combatants in Monrovia this month.

The personnel of the section increased to 29 this month with the arrival of one international staff member.

HRPS has submitted the names of all seven remaining P2 candidates to DPKO for recruitment. The candidates were selected from a list of 22 names cleared by OHCHR.

OHCHR provided HRPS with a list of 24 short-listed candidates to be interviewed for the remaining P3 posts.

(Courtesy, Dr Bipin Adhikari, Monrovia, Liberia)