Liberia Human Rights Report - August 2004 (1)

UNMIL Human Rights Protection Section
Monthly Report
August 2004

1. Executive Summary

• Detention standards were the most pressing issue this month, with repeated reports of extremely poor conditions in the central prison and across the nation followed by the hospitalisation on 26 August of 27 detainees suffering from malnutrition, dehydration and skin diseases. Failure of authorities to address prison overcrowding and a non-functioning judicial system is of great concern.

• Liberia National Police, where deployed, are poorly trained and badly resourced and the investigation of serious offences, including rape and murder, remains inconsistent and inadequate.

• Ex-combatants in IDP camps and villages are able to exercise parallel structures of control of the local population, committing intimidation, harassment, rape and extortion. These offences are only poorly investigated, if at all.

• Disarmament, Demobilisation, Reintegration and Rehabilitation process continued in a number of areas this month.

• A civil society drafting committee supported by UNMIL HRPS and UNDP prepared the draft Truth and Reconciliation Commission Act. This was presented to the Chairman of the NTGL, Mr. Guyude Bryant.

• Action has been taken by HRPS to support child victims of sexual offences and to clarify and publicise the lower requirements for children to enter the DDRR process. HRPS Rule of Law and National Institutions Advisors have held a number of constructive meetings with their counterparts to discuss their needs for strategic support from HRPS. Monitoring and Protection Advisor undertook a tour of the county offices to develop a priority monitoring plan. Human rights training was provided to 22 PAKBATT officers.

2. Human Rights Situation, Developments and Concerns

Law enforcement

National monitoring again confirms that the rights of both victims and perpetrators of crime are regularly violated as a result of the inadequate numbers of trained LNP in the Counties, and the repeated failure to appropriately investigate alleged offences, including rape and murder cases. Discussions with LNP and CivPol officers in each sector indicate that they are experiencing difficulties in handing cases as personnel numbers, particularly female officers, are insufficient. The absence of functioning courts across the country increases the difficulties faced by police, as it is almost impossible to process suspects in a timely fashion in accordance with the 48 hour time limit. CivPol in Sector 2 informed HROs that they are required to permit mediation of many criminal offences, but for more serious cases they are justifiably reluctant to release the suspect in this manner.

In other cases, LNP are willing to investigate offences but are hampered by the lack of transport. In Sector 4, a group of volunteers is performing police tasks, including arrests, with no legal authority. It appears that these volunteers were advised by CivPol to file charges in court against those who have been arrested and to obtain a commitment order from the Judge when there is probable cause to arrest (ie in lieu of a warrant). It was reported that a man was shot by a MODEL leader, but the Zwedru volunteer police advised him against filing charges, and instead referred him to MODEL.

A number of these volunteers have applied for recruitment to LNP. It remains to be seen what negative consequences may be experienced if a significant number of these people are rejected by the Academy.

Non-operation of Courts

The challenge posed to law and order by the lack of trained police is compounded by the absence of fully-operational Circuit Courts in each County. CivPol in Grand Cape Mount County (Sector 2) informed HROs that they are regularly required to mediate criminal cases and that the local Magistrate does not appear to have legal qualifications. This seems to be the pattern across Liberia.

The Grand Bassa County Circuit Court re-opened on 16 August but no criminal cases were heard due to the late arrival of the County Attorney and then the inability to identify jurors. There are 13 civil and 23 criminal cases (including two murders and one rape) pending. It appears that defence counsel very rarely appear in the County Courts, and then only for fee-paying clients. There does not appear to be any legal aid system operational outside the intermittent NGO services in Monrovia.

Poor detention conditions

During the reporting period, HRPS monitored the hospitalisation of 27 detainees admitted to JFK Hospital. The men, who were held in custody at Monrovia central detention centre, are reportedly suffering from dehydration, malnutrition and scabies, a skin disease caused by poor hygiene. Some of these men are suffering physical injuries, reportedly due to assault by fellow detainees. LNP cells are very overcrowded and most detainees complained of long-term detention with no knowledge as to when they will be brought to court or released. The cells are filthy, and food and water supplied was inadequate to protect health or to maintain basic hygiene standards. It was reported that some of those detainees taken to hospital had been held for more than four months, with no opportunity to bathe during that time.

CivPol officers complained to HRPS that they had informed national authorities of these deplorable conditions several times, but no action had been taken. Emergency measures this week will not alleviate the fundamental institutional problems in the corrections system, which are primarily caused by failure of the courts to process suspects in a timely manner and in accordance with the law.

Although attention has focussed on Monrovia, conditions in detention centres and holding cells across Liberia are almost uniformly below minimum standards, with detainees frequently required to share very cramped and dirty cells without access to adequate food and water. ICRC has provided a number of items to improve bedding and sanitary conditions in LNP stations in Bomi and Grand Bassa Counties and will conduct an assessment of Gbarnga prison. BANBATT has agreed to provide water and rations to detention centres in sector 3.

In the limited facilities available, it is almost impossible either to separate pre-trial from convicted, male from female, or juvenile from adult prisoners. Suspects are also regularly held in police custody beyond the lawful time limit (48 hours) for appearing before the court, and judicial review of pre-trial detention is exceptional, rather than the norm.

Ex-combatants maintaining control networks; involvement in criminal offences

Reports have been received that ‘ex-generals’ continue to exert influence over children in the IDP camps in Bong County and have forcibly registered some children associated with the fighting forces (CAFF) into the DD program without their parents knowledge or consent, after which they seized their ID cards and demanded that the children hand over a portion of their Transitional Safety Allowance (TSA) payments. At a meeting between HRPS and camp management, it was agreed that camp block leaders would take appropriate measures to try to prevent this. It has been reported to HROs that some of the field agents of the National Commission for Disarmament, Demobilisation, Rehabilitation and Reintegration present at Maimu 1 IDP camp in Bong County coach children for the purpose of orientation to the D1 and D2 methodologies and thereafter obtain some of their TSA as payment. HRPS investigation indicates that the claims are likely to be true; HROs are seeking appropriate action by the authorities.

During August, HROs visited Besaymah IDP camp and the adjacent transit camp (Bong County). Neither the IDP nor the transit camp has school facilities. HROs spoke to three of the four IDP human rights monitors who had participated in a human rights monitoring workshop hosted by the National Human Rights Centre in Liberia earlier in the year. Monitors reported cases of harassment of the camp population by ex-combatants, including harassment and intimidation of a young woman by a male resident, which had been pending before the magistrate court with no action taken for a month.

HROs approached BANBAT to explore the possibility of extended patrols to Besaymah IDP camp, particularly at night. They were informed that BANBATT is not able to patrol the camps at night and that the responsibility for these patrols rests with the LNP. Due to the limited resources of the LNP the situation of insecurity in the camps is likely to persist.

At Mount Barclay IDP camp, Montserrado County (sector 1), it was reported that only 10% of children are able to attend the school because of limited space. Further, it was reported that serious assault and rape occurs commonly in this camp, and that hard drugs are being sold.

In Grand Bassa County, HROs were informed that ex-combatants in Districts 3 and 4 are still threatening civilians.

In a related issue, the screening of disabled ex-combatants resumed on 9 August. WHO had instructed its implementing partner, the Centre for the Rehabilitation of the Injured and Disabled (CRID), to stop the screening after their staff was threatened on 17 July. The Deputy Force Commander has now instructed that MILOBS will make the final determination as to whether a disabled person qualifies as an ex-combatant. MILOBS are assisted by a PAKBATT doctor at the disarmament site. Some cases were referred to the hospital for further examination before admission into the DDRR process. HRPS is pleased that the rights of this vulnerable group are once more protected.

On 5 August HROs were informed by the Superintendent of Gbarpolu County that around 2700 armed men are still present in the area and that some of them have resorted to robbing persons near Lofa Bridge. MILOBS reported that UN Military had to prevent LURD members from travelling to Monrovia on 5 August to avoid further fighting there.

In Grand Cape Mount County (sector 2) there were a number of incidents in early August within the Guthrie rubber plantation, related to the struggle over the LURD leadership, the disarmament process, and economic control of the plantation. Fights during July and August between supporters of different aspirant leaders resulted in at least 11 injured persons. In one instance on 1 August, five persons were captured by one group in the plantation and tied up. Four of them were released on 2 August and when interviewed by CIVPOL and Military Police, were reluctant to file a complaint. The fifth alleged victim was also reportedly seriously assaulted.

Involvement of peacekeepers in child labour

In early August, it was alleged during the Bong County Protection meeting that BANBATT has been recruiting child labour at the D2 site/BANBATT area, in exchange for food items e.g. cornflakes, milk, sugar, etc. HROs stressed that Peacekeepers should not in any way be involved in such practices. BANBATT has informed HROs that instructions have been issued to its soldiers against using children for work. They stated, however, that some children approach soldiers begging for food and in some instances, undertake menial jobs of their own such as cutting grass in the yard, in appreciation of the assistance provided. HRPS acknowledged the problems and cautioned against abuse.

Challenges facing human rights NGOs in information-gathering

Current absence of witness protection measures and accountability for violations hampers human rights monitoring by NGOs. On 5 August, HROs called on the Most Reverend Lewis Zeigler, Bishop of Catholic Diocese of Gbarnga and the Regional Chairperson of the Justice and Peace Commission (JPC). He noted that the culture of silence is hampering the human rights monitoring and reporting work of the JPC. Joint projects are planned for future monitoring.

Political rights observed in election of Superintendent

The appointment of the new Superintendent of Grand Bassa County was delayed as the three representatives of the NTLA insisted on repeating the nomination process to permit broader participation of the citizenry. This compromise eased tension that had arisen earlier in the month among civil society groups. HROs observed the fresh process to shortlist three candidates for the post, which was completed with the participation of 126 delegates from all districts of Grand Bassa County. Robert Vonyeegar was appointed, having received 110 votes in his favour.

Human remains not appropriately handled

During the reporting period HROs for Sector 2 learnt that human skulls were found in the area behind UNMIL HQ in Tubmanburg. Five skulls were already removed by workers while the sixth one remains at the site. HROs learnt that the location was used by different factions during all stages of the war as a military base and many people were executed or tortured in the area.

3. Activities Undertaken During the Reporting Period and Recommendations

Transitional Justice

HRPS supported a two-week drafting conference for the TRC Act. Nine participants from civil society, including the former Chief Justice, drew on the discussions and recommendations of the five-county consultations, as well as the expert advice of consultants from South Africa and Sierra Leone. On 13 August, a closing ceremony was held to publicly present the draft Act to the NTGL. The ceremony was attended by over one hundred members of the Government, civil society, international agencies and diplomatic representatives. Speeches were given by the SRSG, Country Director of UNDP, Chairman of NTGL, Mr. Gyude Bryant, the Minister for Justice and members of civil society. All pledged their support to the TRC and the ongoing reconciliation process. The draft Act will be reviewed by the Chairman’s office and will then be sent to the NTLA for enactment.

HRPS continued working on the Integrity Bank database of reported past human rights violations and police recruits. The database is the primary tool to screen Liberia National Police (LNP) candidates for connection with human rights abuses during the 14 years civil war. In August, it was used to screen approximately 45 candidates whose names were referred to HRPS by CivPol.

Child protection

HRPS Child Protection Unit provided input to the development of UNMIL policy on the repatriation of foreign children CAFF (Guinea, Cote d’Ivoire, Sierra Leone). UNMIL, UNICEF and ICRC agreed that ICRC, which has already successfully traced the families of 33 children, would repatriate them and pay the TSA as a lump sum to the children’s family upon reunification. In the meantime, UNMIL has written to the National Transitional Government of Liberia to request it to enter into bilateral discussions with its neighbors for the repatriation of foreign combatants, including foreign CAFF.

WHO and IRC presented draft guidelines for women and babies in cantonment sites to the weekly DDRR meeting, in which it was suggested that women with babies would spend only one day at the D2 sites after which they would be discharged. There was no consensus on the WHO-IRC draft since mothers and children need the services provided at the cantonment. The issue is to be further discussed.

In view of the continuing misunderstanding regarding the criteria for inclusion of children into the DDRR program, UNICEF and the HRPS Child Protection Unit contacted the Force Commander to offer the provision of training for the military observers and contingents who work in the cantonment sites. This request was approved, and instructions have been sent for the training to be conducted in Voinjama on 26 August, Tapeta on 30 August, Zwedru and Ganta on 1 September and the VOA site during the first week of September. The trainings will be conducted by UNICEF, Save the Children/UK, Christian Children’s Fund, International Rescue Committee and Children’s Assistance Program. The content of the training will include: child rights and protection; communicating with children; children in the DDRR program; and sexual exploitation.

During the reporting period, HRPS CPU was involved in supporting the appropriate investigation of a number of alleged sexual offences against very young children, including one victim of 15 months. These cases mainly occurred in IDP camps, and the suspects were generally related to the victims. Cases have progressed only slowly, due to the inability of the victims’ families to provide financial support to the LNP and prosecution. HRPS provided support through facilitation of medical and psychosocial assistance at the Benson Hospital and IRC respectively. CPU met with the Juvenile Judge to discuss referrals of cases to the formal court system and with the Association of Female Lawyers of Liberia to request assistance in the prosecution of cases.

HRPS CPU met with potential partners regarding the organization of a sensitization campaign on sexual violence against minors, including the Vice-Minister for Health and Social Welfare and the Minister for Gender, who both expressed willingness to participate in the campaign. The Minister for Gender agreed to host the first meeting of all potential participants. HRPS also met with CivPol Deputy Commissioner Mohammed to discuss cooperation in cases concerning sexual violence against minors. CivPol is in the process of establishing a Children and Women Protection Unit within the LNP.

On 26 August, the Child Protection Adviser and the Juvenile Judge gave presentations on Juvenile Justice at the Workshop for Prosecutors, Law Enforcement and Security Officers organized by the Ministry of Justice and UNMIL’s LJSSD. The Child Protection Adviser described the international laws relating to juvenile justice, while the Juvenile Judge explained how these international laws have been incorporated into the national justice system. The presentations were followed by a lively question and answer session.

Rule of Law

In August, HRPS Rule of Law (RoL) Adviser and Field Monitoring Coordinator visited Monrovia Central Prison with the UNMIL Corrections Unit. A number of issues of concern were identified, including overcrowding, lack of separate sections for juveniles and women, shortage of staff, and non-payment of salary to staff. Two key issues identified for immediate attention were the lack of legal representation and the failure of the Courts to review pre-trial detention, as a result of which, detainees have remained in detention for longer than the legally prescribed period.

HRPS prepared trial observation guidelines for human rights workers and contributed to the note prepared for the Deputy SRSG highlighting the areas of urgent attention in the judiciary sector, especially related to prosecution and juvenile detention. Additional information on the Government's reporting obligations to treaty bodies and the current status of ratification of human rights treaties was also shared.

The RoL Adviser visited the Monrovia Supreme Court, Gbarnga Circuit Court, Monrovia and Gbarnga Magistrate Courts and the Gbarnga Central Prison and LNP detention cells. The purpose of these visits was to become familiar with the current status and capacity of the administration of the justice sector to protect human rights. RoL Advisor met with members of the judiciary, police etc to discuss the challenges facing them in their work.

The key issues of concern, as explained by Judges, included: lack of minimal facilities and legal texts, low salary, shortage of lawyers, and above all the physical security of Judges. During the HRPS visit to the detention cell and the central prison in Gbarnga on 19 August, it was noticed that hygiene standards are poor and the supply of food and water inadequate for health.

An HRPS delegation visited the law faculty of the University of Liberia to discuss the possibility of revising the current human rights curriculum. HRPS was requested to provide resources to conduct human rights classes.

HRPS RoL adviser prepared an outline for the roundtable proposal; possibilities for support with resources for the programme will be explored in the future. HRPS Rule of Law Advisor completed the activity track-sheet under the Results Focused Transitional Framework (RFTF), in coordination with the Ministry of Justice, and contributed to the meeting called by D/SRSG to identify issues related to the judiciary, with special attention to juvenile justice, prosecution and detention.

National Institutions

HRPS National Institutions (NI) Advisor gave a presentation on the theme of "The Vision of the National Commission on Human Rights" to a three day consultative meeting held by the Independent National Commission on Human Rights (INCHR). This meeting was supported by UNDP, local and international NGOs, human rights groups, and others. The meeting focused on the effective functioning and expectations of the INCHR, its relationship with the civil society, UN Guidelines and Resolutions on national human rights institutions and other issues related to the newly established Commission. The NI advisor has also been reviewing the draft INCHR Act, which the INCHR forwarded to the SRSG for comment.

ROL Adviser and National Institutions Adviser attended a meeting with members of the INCHR to discuss the commission’s enabling act, action plan, and possible areas of technical assistance from HRPS.

Human Rights Reporting and Monitoring

HRPS Monitoring and Protection Advisor made a tour of each sector this month, in order to obtain information for the development of field work priorities.

HROs in all sectors continued to meet local authorities, members of civil society, Churches etc to introduce themselves and the HRPS mandate and to explore cooperation on human rights promotion. HROs in all sections made regular visits to LNP stations in order to inspect conditions of suspects in detention and to promote adherence by LNP to due process. HROs in all sectors continued to make regular visits to IDP and refugee camp in order to monitor conditions there.

Sector 1

During the reporting period, HROs for Sector 1 visited VOA1 refugee and IDP camp to monitor human rights protection of Sierra Leonean refugees. At the refugee camp, the Chairman of the Welfare Committee informed the team that UNHCR officially closed down the camp for refugees on June 30 2004. Re- verification of their refugee status will shortly be taking place in the camp. Some refugees strongly expressed their desire to be repatriated after verification while some complained of political problems which prevent them from returning home. The team was also informed that a workshop organized by the Community Empowerment Program (CEP) under the sponsorship of UNHCR, culminated in a serious fracas between the participants and the Chief Zoe. Threats were made over the exposing of the secrets of the “BUDIO” society as it related to female genital mutilation. The Commissioner of Brewerville, has intervened to calm the situation through a letter to the Chief Zoe and her cohorts. The IDP Camp was officially recognized on 5 August 2004 by the Liberian Government, with a population of 2,744 Persons. After inspection it was noted that inhabitants lack sanitation, health, and education facilities, however WFP supplies food rations.

On 17 and 18 August, HROs and the Protection and Monitoring Advisor conducted a Training of Trainers workshop on human rights in Voinjama, Lofa County (Sector 2) for 22 senior officers of PAKBATT 2. The workshop covered the UN human rights framework, peacekeeping and human rights and women’s and children’s rights; PAKBATT 2 officers participated fully and showed a high level of interest. The Battalion Commander was personally present at both the opening and closing sessions. During the session on the treatment of prisoners and detainees, on learning of the detention conditions of juveniles in the Monrovia Central Prison, the Military Commander of PAKBATT 2 generously donated a number of items (blankets, mats, small transistor radios) to be provided to the juvenile detainees.

HROs, with Civil Affairs, participated in the commemoration ceremony of the International Youth Day (IYD) on August 12 2004, organized by the Bong County Youth Association (Sector 3). The Secretary General's message on this year's theme, ‘Youth in an Intergenerational Society’, was read out to the gathering of school children and civil society. HROs invited attendees to talk about their understanding of human rights and to voice their concerns which will be forwarded to the government with the Youth Declaration. HROs are planning follow-up activities with the youths which will form part of the nation-wide commemoration of IYD later this year.

On 28 August, HRPS Protection and Monitoring Adviser and HROs attended a workshop for NGOs on human rights monitoring, investigating and reporting held at the Archdiocesan Pastoral Centre in Monrovia. HRPS delegation made a presentation on basic principles of monitoring, investigation methodology and ways to connect the work of HRPS with national NGOs in order to improve the human rights compliance of national authorities. HRPS provided material regarding human rights monitoring and international standards, including the UN Declaration on Human Rights Defenders.

Visit by Department of Political Affairs Consultant

On 15 August Dr. Call, a DPA Consultant on a UN policy framework on peace building, visited Tubmanburg. He was accompanied by Civil Affairs personnel and HROs.

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

The staffing component of the Human Rights and Protection Section (HRPS) has increased to 28, with the arrival of one international and four national staff this month.

(Courtesy: Dr Bipin Adhikari, Monrovia, Liberia))