MONITORING AND PROTECTION in Liberia– AN OVERVIEW

17 September 2004

The HRPS within UNMIL has a wide area to cover with numerous zones where its roles overlap with those of other colleagues. There are however very specific areas where HRPS staff have a lead role to play. Delineating those areas and accordingly directing the thrust of focus and energy is part of the task HROs must assume squarely.

Three main areas which require sustained observation (monitoring) and reporting are:

1. Rights of persons legally deprived of their liberty (prisoners and detainees).

2. Vulnerable groups:

(i) Internally Displaced Persons (IDPs)
(ii) Women (under the Gender theme) as pregnant or nursing mothers.
(iii) Children and particularly the girl child.
(iv) Elderly persons and persons with disabilities

3. Human rights in general according to State agent’s responsibilities towards civil society. Under the current transitional phase in Liberia this role often leads human rights observers to appear to “police” other UN colleagues as they sometimes have to assist by carrying out the duties which state agents should have done. This part is particularly sensitive for HRPS HROs and requires tact, respect for colleagues, patience and in some cases cover from senior colleagues. This is also true where HROs have to handle issues where the perpetrator (or presumed perpetrator) is a high ranking personality in the host county’s Government – e.g. a Minister etc…

4. The human rights situation in Liberia calls for observers’ attention in all directions because of the many flaws in the entire system. Consequently, in addition to the above three main areas, abuses of human rights occur from within civil society itself which must be identified, handled and reported on. This is for example in the cases of domestic violence, rape, child abuse, practices akin to keeping slaves, etc where it is individuals within society who are the problem.

5. HRPS’s staff will play a role in the preparatory phases and observation process of the elections. Work in this regard will involve civic education and sensitization of communities on their rights and duties (responsibilities as citizens). Human rights education particularly on the ICCPR and the ACHPR as well as on the Constitution of Liberia.

There are three main roles for HROs in the monitoring and protection work.

(a) Accurate and objective investigation of observed or reported human rights violations.

(b) Preparation of reports with the purpose of bringing the facts to the appropriate authorities for action.

© Recommend course of action or if in doubt seek guidance on action to take if needed locally. Minimize taking upon yourself the decision to act where in doubt.

Closely related to monitoring and protection by the HRPS staff is the duty of capacity building for Liberians both with the state institutions, civil society based organizations and in some instances within UN Agencies.

Given the different professional backgrounds of the staff who make up the HRPS, part of the tasks the Section has plans to assume is to design and run in-house skills development workshops. The objective of this function is to harmonize and standardize methodologies as well as working tools needed for the effective performance of monitoring and protection roles. UNMIL allocated US$ 15,000 for this purpose. The delay in the arrival of the Advisor on Training and education plus the incomplete arrival on board of the full team have held back this particular aspect of the section’s activities.

Update on work accomplished so far:

I In the area of rights of persons legally deprived of their liberty: (prisoners or detainees):

I.1 HROs have been deployed to all the four Sectors of the country.

I.2 Visits have been carried out by HRO to 12 of the country’s 15 counties
Prisons and Police detention cells (where they exist) in those locations have been surveyed and UNMIL is aware of the conditions of detention/ imprisonment and in some cases recommendations for action have been made to the authorities.

I.3 A core group consisting Sector 1HROs, one from the RoL and another from the CP divisions has been formed to closely monitor the human rights situations within places of incarceration in Monrovia.

I.4. The Core Group has already established that there are over 27 police detention cells in Montserrado and Margibi.

I.5 The visit by the Rule of Law officers to the Police detention facility in Monrovia resulted in the discovery of life threatening hygienic and material conditions in the cells and inmates who badly needed medical attention were taken to hospital. Appropriate recommendations were made. More information pertaining to this work may be obtained from the Rule of Law colleagues.

I.6 The joint visits by the Rule of Law and Protection Advisors to the Central Prisons in Monrovia and to Gbarnga resulted in enhanced attention among corrections and judicial officers about the rights of juveniles in trouble with the law and nursing mother or pregnant women.

I.7 The intervention by the Buchanan based team of HROs resulted in the restitution of the rights of a mentally sick detainee and the provision of medical attention. More details on this are available from the colleagues Sandra and Harry.

II - Vulnerable groups:

II-1. Internally Displaced Persons (IDPs)

HRPS has increased its attention towards the rights and related living conditions of internally displaced persons. A study is underway on this component of society
from a human rights perspective and besides the two visits made by the Protection Advisor accompanied by the Sector 1 team, several other visits in other counties have been made. HRPS participates in the weekly Forum meeting on IDPs and has made some remarks perceived as constructive.

II-2. The DDRR process and human rights monitoring and reporting role by HRPS

In addition to the work of closely following the process of the disarming and demobilizing x-combatants in the field at county level by HROs, the Protection Advisor and the Children’s Rights Advisor attend the weekly meeting of the JIU
(Joint Implementation Unit in Monrovia).

It is relevant to point out that based on the demographic statistics available on IDP camp dwellers, HRPS’s work in inextricably related and complementary to that of other sections in UNMIL as well as that of Agencies such as UNICEF, UNIFEM, UNHCR, UNFPA, UNDP and WFP. Consequently, the information given here would be incomplete without that furnished by the other components of HRPS and UNMIL as a whole.

Challenges and concerns:

1. Work of monitoring human rights situations involves constant movement by human rights officers between places. Movement is subjected to restrictions stipulated under the MOSS compliance. Presently the conditions in the mission leave much responsibility upon the individual to take the risk. (1) Traveling in vehicles without the right radio equipments.

2. Officers themselves having to drive long distances to places of duty and back without provision of drivers (chauffeurs).

3. The very close relatedness of human rights and humanitarian work in the field. The extremely strict prohibition of carrying any non-UN staff in the vehicles needs to be reconsidered to take account of certain critical circumstances where HROs could be allowed a degree of discretion: Cases have been cited by other UNMIL colleagues (police in Gbarnga) and in a case of a pregnant woman who died in (Cambodia?). The case of the mentally sick person put in police detention, saved by HROs in Buchanan but could not be brought to the mental hospital in Monrovia (had it not been…)

4. The extension of HRPS’s outreach into civil society entails inducing persons who have no existing understanding of the value of human rights.

Activities such as seminars, workshops and similar for a require provision of support to participants along the lines other UN Agencies in the country have been using: contributing towards travel costs, provision of a simple meal in the middle of the day and water or soft drinks. Materials such as notebooks, pencils files etc… Premises where such sessions are held must be paid for. Officers need to be assured that resources with which to respond to requests from civil society groups will be provided. Too many un answered requests erode the credibility of HRPS and all UNMIL.