Liberia Human Rights Report - November 2004

UNMIL Human Rights and Protection Section
Monthly Report
November 2004

1. Executive Summary

• No public report of the underlying causes of last month’s civil unrest yet available.

• Under-Secretary General for Peacekeeping Operations visited Liberia and stressed that free and fair elections are key to long-term stability in the region.

• George Oppong Weah returned to Monrovia and announced his candidacy for presidency; he is likely to be an extremely popular contender.

• Detention conditions, particularly in the country’s main jail, declined further this month, although the reestablishment of a regular food supply to detainees in Monrovia is welcomed.

• Fundamental protections for people in detention are violated by the absence of functioning courts in Monrovia and the counties.

• LNP deployment to Sector Four is delayed, leaving a continued law and order vacuum.

• Magistrates continue to ignore the instruction of the Chief Justice of the Supreme Court not to unlawfully exercise jurisdiction over cases with juvenile suspects.

• Organised IDP returns begin to Sector Two; HRPS holds concerns regarding human rights protection in some counties already declared safe.

• The passage of the Truth and Reconciliation Commission enabling legislation is still delayed; a panel of lawyers will be convened by the chairman to provide an opinion on the intent of the CPA provision regarding the TRC.

• HRPS participates in the 16 Days of Activism Against Gender Based Violence

• HRPS provides human rights training to prosecutors, civil society groups, military and others.

• The absence of funding through either DPKO or OHCHR limits the scope of human rights promotional activities.

2. Political and Economic Developments and Trends

Need for public investigation into last month’s riot

A public investigation and report by NTGL and UNMIL into the underlying causes of the rioting in and around Monrovia between 28 and 31 October is still required. Sixteen people are reported to have died during the unrest, with an undetermined number of rapes and serious assaults. It is crucial that the true causes of the violence, being political rivalry and criminal activity, are publicly exposed. The recent renewal of conflict in Côte d’Ivoire underlines the urgent need to prevent the destructive manipulation of religious and ethnic differences for political gain. A systematic approach should also be adopted in investigating allegations concerning the response of UNMIL military during that period.

Passage of electoral reform legislation

The Electoral Reform (Amendment) Act was passed by the NTLA on 19 November, following delays due to disagreements regarding the allocation of seats to counties based on voter registration. This has limited the time available to promote public awareness of the contents of the legislation and voter education.

Visit of Ambassador Guehenno, USG for DPKO

Jean-Marie Guehenno, Under-Secretary General for Peacekeeping Operations visited Monrovia between 21 and 23 November, on a visit to DPKO missions in Africa. Ambassador Guehenno stressed that free and fair elections next year are essential for the long-term stability of the entire region. UNMIL must increase its efforts to support the rule of law and promote civic education ahead of the plebiscite, which should be supported by comprehensive human rights training throughout Liberia and involving all strata of society.

Attack on workers at LibInc plantation

HRPS monitored the investigation into the attack on workers of the Liberia Incorporated (LibInc) palm plantation on 22 November. Initial inquiries indicate that the attack may be related to a land dispute, and this is the second dispute to arise between local villagers and plantation holders in Grand Bassa County (following the LAC evictions case). Although the trigger events appear to be unrelated, HRPS is concerned that these cases may form an emerging trend in this area. Land rights protection will be increasingly critical in the coming months, with the return of hundreds of thousands of IDPs and refugees.

Candidacy of George Weah for President

On Wednesday 24 November, George Oppong Weah returned to Monrovia to formally announce his intention to run in next year’s presidential elections. Weah, a national hero due to his illustrious international football career, was greeted by tens of thousands of supporters, who lined the main streets of Monrovia to cheer his cavalcade. Weah, who has no political experience, is perhaps the only universally popular public figure in Liberia, and is expected to draw a huge support base in the upcoming elections. In a positive development, Weah has selected Kofi Woods, a leading Liberian human rights lawyer as his running mate.

Call to end impunity in West Africa

Speaking in Freetown on 25 November, the British Africa Minister called on Nigeria to resist the culture of impunity prevalent in the region and hand over the former President of Liberia, Charles Taylor, for trial at the Special Court in Sierra Leone. A Red Notice was issued by Interpol in relation to Charles Taylor on 4 December 2003. He is indicted with 17 charges of war crimes and crimes against humanity including terrorising the civilian population, unlawful killings, sexual violence, physical violence, use of child soldiers, abductions, forced labour, looting and burning, and attacks on peacekeeping personnel. Nigeria is a member of Interpol and thus is obliged by the terms of its membership and the issuance of the Red Notice to arrest Taylor and send him for trial in Sierra Leone.

3. Human Rights Situation, Developments and Concerns

Very poor detention conditions

Violations of detention conditions, including protections for juveniles, and of the 48 hour constitutionally-guaranteed limit to custody were noted prisons and police holding cells in each Sector. Regular monitoring visits to the country’s main prison, the Monrovia Central Prison, indicate that detention conditions are not improving. Indeed, the arrest and detention of 157 people during the October and immediately thereafter highlighted the incapacity of prison management to deal with higher than usual numbers of detainees. The cells are overcrowded, with consequent extremely poor hygiene standards, and are unfit for habitation. On 3 November, 353 people were detained at the prison, which is designed to hold only 150 people. Although cells are designed to hold a maximum of 5 people, up to 17 people were held in one cell. Detainees complained that they had not been able to bathe since their arrest and that they did not know their legal status. Legal assistance provided by a Liberian NGO was limited. Injuries were observed on two men, which had not been treated.

The majority of people arrested during the violence were charged with “terrorist threat”, which is very vaguely defined and can be applied for a broad range of criminal activities, both minor and serious. Of the 157 suspects arrested, only 20 remain in pre-trial detention, while a further six have been charged with arson following the burning of the residence of the Minster of Justice.

Inefficient court operations

As clearly shown once again by the delays in processing the detainees arrested in relation to the October violence, the Liberian court system operates very inefficiently and is not capable of dealing with a larger than usual number of cases. The operation of the judicial system must be improved as a matter of urgency.

In an attempt to deal with the large number of detainees and poorly functioning judicial system, earlier this month the Ministry of Justice released 22 people suspected of breaking the curfew after conducting a screening exercise. The basis of the exercise and the legal authority of the Ministry of Justice to conduct any determination in relation to suspects are not clear. Furthermore, the constitutional guarantee that requires suspects to be brought before a court within 48 hours of arrest is to protect the rights of all parties, suspect and victim, to ensure the investigation is carried out correctly and to prevent any incommunicado detention or abuse in detention. The release of detainees following an extra-judicial screening process is a violation of the constitution and prevents the suspect from informing the court of any mistreatment he or she may have suffered.

Violation of due process rights: immigration

Thirty-two men detainees arrested in relation to the October rioting and curfew violations were identified by the Guinean Embassy as Guinean citizens and are to be deported, apparently due to their allegedly irregular immigration status. However, no deportation hearing was conducted and the men may thus have been deprived of potential rights to residence or citizenship in Liberia. Liberia is a member of ECOWAS, and thus nationals of member States should be entitled to cross its borders without a visa as long as they are in possession of a valid travel document. It appears that these men may have been identified for deportation as a ‘quick-fix’ solution to the overcrowded detention, in violation of the rights of due process in relation to both a criminal trial and deportation hearing.

Non-deployment of LNP

Deployment of LNP to all five counties of Sector Four must take place without delay. Although UNMIL military have authority under the Chapter Seven mandate to enforce the law, including arrest powers, the various contingents in the Sectors without LNP officers have been reluctant to exercise this authority. As HRPS has previously reported the consequence is a rule of law vacuum, filled in part by an illegitimate and unlawful collection of “police volunteers” who are mainly composed of former MODEL fighters. LNP deployment must be done in conjunction with the establishment of courts and correctional facilities as the absence of one institution will prevent the correct operation of the others.

Juvenile justice

HRPS monitored cases of juveniles in detention following the 28 – 31 October violence. In the week following the unrest, approximately 25 children were detained by police for allegedly taking part in activities related to the violence or violating the curfew. Almost all these juvenile suspects were detained well past the 48-hour police custody limit. The awkward schedule of the Juvenile Judge may have contributed to this problem. All of the juveniles were subsequently released. HRPS has been advised that the Juvenile Judge tends to release juvenile suspects without bail, instructing them to negotiate a settlement to the case.

Juveniles continue to be brought to Monrovia Central Prison on the order of magistrates other than the Juvenile Judge, which is unlawful under the Juvenile Court Procedure Code. Furthermore, several of the judges issuing the detention orders have been warned repeatedly by the Chief Justice of the Liberian Supreme Court to cease exercising jurisdiction over juveniles, to no avail.

HRPS Child Protection (CP) Advisor met with the Administrator of the Liberian Supreme Court to discuss the sharing of information between the courts and detention centres, especially regarding the age of individual prisoners. This issue has continued to be a concern because the lack of information-sharing, including the age of suspects ordered to be detained, has resulted in several cases of adults claiming to be children in order to obtain perceived "preferential treatment" in the prisons. It was agreed that a new format would be developed for the recording of core data about each suspect appearing in court.

Guthrie Rubber Plantation

Following UNMIL intervention, the NTGL Chairman has instructed the Ministers of Justice and Agriculture to liaise with PAKBATT to remove the 200-300 LURD ex-combatants controlling the Guthrie Rubber Plantation and to establish a new management scheme. However, there has been little or no action to date. HRPS were informed by PAKBATT that the Ministers are exploring alternative solutions. Immediate steps must be taken to implement the Chairman’s instructions, as IDP returns are planned to take place shortly to areas covered by or adjacent to the plantation. Following the removal of LURD ex-fighters from the land, investigations and prosecutions of criminal offences committed during their control of the plantation must begin without delay.

Refugee returns

Liberian refugees have spontaneously returned from countries including Guinea, Sierra Leone, Nigeria and Côte d’Ivoire, ahead of organized UNHCR returns. The return of refugees from Côte d’Ivoire has been stimulated in part by the recent return to conflict in that country, which has also led to approximately 20,000 Ivorian refugees seeking protection in Liberia, particularly in Nimba and Grand Gedeh Counties. The influx of Ivorian refugees as well as returning Liberian refugees is likely to place additional pressure on the limited food supply.

Organised returns of IDPs

Organised returns of IDPs commenced on 8 November, delayed by one week due to the unstable security situation. A few difficulties were noted at the beginning of the programme, in relation to accurate registration of returnees and onward transport from the drop-off points. However, it is expected that these teething-problems will be resolved shortly. HRPS is working with agencies organising the returns to ensure that human rights concerns are include in the process, particularly relating to particularly vulnerable IDPs, such as victims of sexual assault.

HRPS continues to monitor conditions in IDP camps. However, HRPS is most concerned by the designation by LRRRC of some counties as safe for returns despite ongoing security concerns. Gbarpolu County, in particular, should not have been declared safe while there is still no permanent deployment of UNMIL military, LNP, CIVPOL or judicial officers there.

Children Associated with the Fighting Forces

Several cases this month highlighted the particular vulnerability of Children Associated with the Fighting Forces (CAFF), including the likelihood for CAFF to resort to crime to survive. There have been several cases of CAFF being harassed by MODEL commanders trying to extort part of their second tranche TSA payment. It appears that such incidents are not usually reported to CIVPOL or the “volunteer police” in Grand Gedeh County, as CIVPOL have no power of arrest and the volunteers are themselves ex-MODEL fighters. Authorities must protect CAFF from exploitation by their former commanders.

ICRC has repatriated approximately 100 of the 135 Liberian CAFF who were disarmed and demobilized in Sierra Leone outside the official UNMASIL DDRR program. A determination will shortly be made as to how to avoid these children being adversely affected by the 15 December deadline for claiming TSA benefits.

Very poor condition of orphanages

During the reporting period, HROs and humanitarian agencies conducted assessment visits to five of the six orphanages in Bong County. Only two of the five homes visited have temporary Ministry of Health and Social Welfare accreditation. The very poor conditions of all the homes violate fundamental rights, such as education, health care and social and personal development.

Independent National Commission on Human Rights

HRPS met with the Chairperson and other commissioners of the Independent National Commission on Human Rights (INCHR) to evaluate the status of the draft INCHR Act which is stalled at the NTLA after its second reading. The Commission agreed to appoint a three member team to be headed by one of the Commissioners to work further on the draft National Human Rights Strategic Plan.

4. Activities Undertaken During the Reporting Period and Recommendations

Truth and Reconciliation Commission

HRPS worked to promote the adoption of the draft Truth and Reconciliation Commission (TRC) Act, including lobbying and public awareness activities. HRPS and civil society continued discussions with Chairman Bryant, the Minister of Justice and the currently appointed TRC commissioners. HRPS stressed the importance of having a credible, independent and impartial TRC governed by a legal mandate and which is characterized by transparency and objectivity in the execution of its mandate.

In particular, lengthy discussions were held regarding the current commissioners’ refusal to submit to a fresh selection process, on the grounds that the TRC had already been established by the CPA and a fresh selection procedure would be unlawful. By the end of November, it was agreed that the Chairman’s Advisor on the Scrupulous Implementation of the CPA would advise him to convene a panel of Liberian lawyers to make a determination on the intent of the CPA provision regarding the TRC. Should they decide that the CPA does not establish the TRC, but provides for its future establishment, the commissioners will submit to a fresh selection procedure.

16 Days of Activism Against Gender Based Violence

HRPS Child Protection Unit (CPU) supported the preparation and activities of the 16 Days of Activism Against Gender Violence campaign, including the parade and public meeting to launch the campaign on 25 November. The activities of the 16 Days campaign are to be incorporated into the six-month public awareness campaign on sexual violence against children.

CRAC meetings in Sector Four

HROs attended the County Resettlement Assessment Committee (CRAC) meetings and survey visits for Maryland and Grand Gedeh Counties. HROs alerted the CRAC to protection concerns. Although the security situation was considered by the CRAC to be stable, there is very weak rule of law and fundamental rights including health, water and sanitation and education are not met by the scarce social service providers. HRPS is concerned that the return of IDPs and refugees to this area will place unbearable burden on the very limited resources already available and could lead to tensions with the host communities. On 30 November, the CRAC declared that Grand Gedeh County is safe for returns.

Human rights training

Child rights and the relationship with the justice system were the key topics of training for several groups working in this or related fields. HROs conducted a pilot training programme for teachers in Bong County. CPU provided training to prosecutors and county attorneys in Bong County and provided training for monitors of the NGO coalition group NGO Forum. HRPS held a workshop for 35 LNP officers who will carry out sensitization on sexual violence against children.

HRPS provided two days of interview and investigation techniques training as part of the training workshop for human rights monitors who will work on the upcoming UNDP human rights mapping exercise, to report on violations occurring between 1989 and 2003.

HROs in Grand Gedeh County provided two two-day training sessions for SENBATT Officers and NCOs on human rights and peacekeeping. The Regional Coordinator of NGO Justice and Peace Commission (JPC) spoke to the participants on the need for human rights protection in traditional societies.

Creation of local partnerships

On 4 November, the Human Rights and Protection Working Group established by HROs for Maryland County held its first meeting. Members are drawn from NTGL, UN sections and civil society in this county. The Working Group will act as a forum for discussion of human rights problems and their solutions.


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

Human rights promotional activities, including capacity-building workshops, are limited due to the lack of any funds for the provision of materials and logistic support. Funding is required urgently to enable comprehensive promotional activities to take place, which are most crucial at this stage of Liberia’s national recovery.

Ongoing delay in the completion of UNMIL office space in the counties and lack of communication facilities pose a significant impediment to comprehensive monitoring.

Two national and four international staff members joined the HRPS this month, while one international staff member left the mission, bringing total staffing numbers to 40.