UNMIL Human Rights and Protection Section Priorities

Human Rights and Protection Section (HRPS)
Suggested Priorities February 2005

A. Priorities identified as most crucial to the work of HRPS in 2005

Substantive work priorities

1. Support to the establishment of the Independent National Commission on Human Rights

2. Training on implementation of treaties ratified by the NTGL, as well as the preparation of benchmark reports under those treaties

3. Support to the establishment of the Truth and Reconciliation Commission

4. Investigation and reporting on gross human rights abuses that occurred during the years of armed conflict

5. Monitoring of the short and long-term resettlement of returned Internally Displaced Persons

6. Monitoring and reporting on human rights violations committed by Liberia National Police officers and lobbying for an effective independent oversight mechanism

7. Monitoring and reporting on detention facilities and lobbying for compliance with minimum standards

8. Human rights education and capacity-building

9. Monitoring and reporting on women and children’s rights, particularly the right to freedom from sexual and physical abuse

Procedural priorities

1. Preparation of standard incident report format

2. Establishment of criteria for opening and closing case files

3. Establishment of procedures for information flow between counties, sector HQ and national HQ, to ensure appropriate follow-up of cases

4. Development of a series of capacity-building seminars for national staff on human rights work and crucial thematic or legal issues

5. Development of human rights monitoring methedology

B. Rationale

Substantive work priorities

1. Support to the establishment of the Independent National Commission on Human Rights

The establishment of the Independent National Human Rights Commission is an explicit goal of the NTGL, identified in Article XII 2a of the Comprehensive Peace Agreement (CPA). In late September 2004, the NTGL ratified a number of human rights treaties, establishing the human rights framework for the nation. Draft legislation for the INCHR is currently before the NTLA, although its passage appears to have been stalled for lack of interest by the NTLA’s members. In the absence of a national human rights institution properly established by law, there is currently no redress for people who have suffered a human rights violation in Liberia. The judicial system is inadequate for this task, and the vast majority of Liberians are unable to access judicial resources due to the absence of funds, awareness of legal options or their physical isolation from a functioning Court. In these circumstances, it is almost impossible at present to obtain legal redress and compensation for human rights violations, which continue unchecked, perpetuating the entrenched culture of impunity in Liberia. The INCHR will have broad powers of investigation and determination of reported violations, which will permit protection and promotion of human rights in accordance with the legal framework and will facilitate redress for violations.

The delay in passage of the draft INCHR Act indicates that despite its inclusion in the CPA, the value of correctly establishing this commission in accordance with the law is not appreciated by the NTGL. Commissioners have already been appointed, in the absence of a ratified Act. It is crucial that efforts be directed towards promoting the legal establishment of the INCHR and thereafter supporting the development of its office structure, work procedures and providing training for staff. HRPS is uniquely placed to provide this technical support. Continuing delays in the establishment of the INCHR, and a poor start to operations could fatally weaken the potential of this institution to effectively defend human rights in Liberia. In such light, the establishment of the INCHR is clearly key to the long-term improvement of the human rights situation and rule of law in Liberia.

Although the adoption of the draft INCHR Act has been delayed, which would indicate that the commission is not seen as a priority by the NTLA, intensive training sessions and follow-on ‘mentoring’ by senior staff of HRPS would be an excellent opportunity to empower the commissioners and staff of the INCHR.


2. Training on preparation of benchmark reports under treaties ratified by the NTGL, as well as the implementation of those treaties

Following the ratification of a number of UN human rights instruments last year (including ICCPR, ICESC, CEDAW and CERD), intensive training on benchmark reporting and implementation is urgently required by the NTGL (particularly Ministry of Foreign Affairs as well as the relevant ministries such as Ministry of Gender and Development, Internal Affairs etc) and NTLA. Training is also required for national NGOs, to encourage shadow or collaborative reporting with NTGL, and the INCHR.

A benchmark report prepared in relation to each treaty would provide a comprehensive overview of the human rights situation and institutional deficiencies in Liberia, allowing identification of priority areas for government action. This information would also assist the international community to develop activities to support human rights development in Liberia.

The serious lack of human and legal resources and the history of human rights violations in Liberia entails that strong support will be needed by NTGL and NTLA to implement the treaties that have been ratified. In order to ensure that the human rights legal framework established by ratification of the instruments is enforced, intensive training will be required to explain the legal implications of ratification on existing and future legislation. Such training will also facilitate awareness-raising of particular issues requiring legislative reform. Complementary training on treaty implementation should also be given to credible national human rights NGOs (perhaps attending the same sessions as NTLA and NTGL personnel) to encourage constructive criticism based on Liberia’ international legal obligations.


3. Support to the establishment of the Truth and Reconciliation Commission

A credible Truth and Reconciliation Commission (TRC) is essential for Liberia to confront its history and move towards sustainable national reconciliation. A TRC established in accordance with the law can give victims of the conflict an opportunity to speak and their suffering to be acknowledged, thus helping to easing continuing anger and desire for revenge. The establishment of the TRC is provided for under Article XIII of the CPA and is thus binding on all national stakeholders. Although passage of the draft Act has been delayed and it appears that the degree of political will to support an independent and fearless TRC is somewhat limited, it is expected that a revised draft Act will be passed shortly.

An effective TRC would undertake certain activities, such as public hearings (of individual victims and on a thematic basis), statement-taking and the preparation of final reports, that would allow Liberians to understand the full range of atrocities perpetrated during the conflict and would be strongest means to promote dialogue aimed at preventing future conflict. Thus the TRC would be an essential support not merely to reveal the past but also to assist in the promotion of the rule of law and long term stability based on the respect for human rights and democracy.


4. Investigation and reporting on gross human rights abuses that occurred during the years of armed conflict

Abuses committed by former combatants and their commanders on all sides of the conflict have to be addressed in keeping with the CPA and the applicable laws of Liberia. The establishment of a TRC does not preclude other transitional justice mechanisms. Although the CPA calls on the NTGL to consider a general amnesty (Article XXXIV), an amnesty would violate international law and thus must be resisted by the UN. A credible report on past gross human rights abuses, perhaps highlighting several notorious or large-scale incidents, could serve as an initial lobbying tool for gathering support for a criminal court in Liberia.

Following her appointment, the High Commissioner for Human Rights announced that she intends to make justice for international crimes a priority of her tenure. HRPS and UNMIL as a whole have not yet decided their position on this issue. However, it would be appropriate for HRPS to take the lead on developing debate on justice mechanisms and to prepare a discussion paper on possible models for Liberia. This should be informed by a review of international and hybrid mechanisms in other nations, as well as the investigation paper on gross human rights abuses.

5. Monitoring of the short and long-term resettlement of returned Internally Displaced Persons

No one UN Agency is responsible for the monitoring of IDPs following their return to their counties of origin. There are more than 250,000 persons identified as IDPs (including those who have already returned) out of a total population of just over three million, thus their return in large numbers is likely to have significant impact on living standards, rule of law and human rights protection. In particular, competition for resources and disputes relating to property are likely to be flashpoints for human rights violations and unrest, weakening long-term stability.

The safe resettlement of IDPS and refugees to their areas of origin has been identified by the SRSG as a priority for the mission, as their return and electoral registration is seen as essential to the conduct of legitimate elections. HRPS officers in the counties, with links to national NGOs and national authorities and with established field knowledge, would be ideally suited to monitor conditions of IDPs and report on any human rights concerns that threaten stability.

6. Monitoring and reporting on human rights violations committed by Liberia National Police officers and lobbying for an effective independent oversight mechanism

The police force was traditionally used by those in power as a tool of oppression, to the extent that even today many Liberians see abuse by police officers as nothing out of the ordinary. It is thus crucial that attention be paid to this issue, to advocate for a change in the policing culture and provide constructive advice to police officers in the field on human rights issues.

7. Monitoring and reporting on detention facilities and lobbying for compliance with minimum standards

Detention standards continue to be deplorable across Liberia for people in police custody, pre-trial detention and imprisonment. Violations include those which could be easily avoided by the officers in charge of the facility (eg medical treatment, separation of juveniles from adults) and those which require institutional support (eg infrastructural improvements, constant food supply). HROs are currently the primary source of assistance to people in very poor detention conditions and regularly intervene to encourage officials to make necessary changes. In addition to this monitoring, HRPS follow-up at a national level would be essential in obtaining improvements to pre-trial detention conditions. Regular monitoring at police stations and detention centres also helps to reduce the chance of physical and sexual abuse of detainees. Although LJSSD is also involved in detention monitoring, the focus of that office appears to be concentrated on illegal detention rather than conditions. HRPS officers would be best placed to provide comprehensive monitoring and advice on detention standards and training for corrections staff on creating a humane prison environment. Coordination with LJSSD will be required.

8. Human rights education and capacity-building

National human rights capacity is very low. Institutional human rights protection must be complemented by a strong civil society which is aware of Liberia’s human rights responsibilities and has the capacity not only to advocate for implementation of human rights standards but also to make constructive suggestions for change.


9. Monitoring and reporting on women and children’s rights, particularly the right to freedom from sexual and physical abuse

Although UNMIL has a distinct Office of the Gender Advisor, which takes the lead on promotion of women’s rights in Liberia, there is still an important role for HRPS to play in the promotion of women’s rights. The national coverage of HRPS staff, and its regular monitoring of detention centres, police stations etc, as well as cooperation with NGOs, entail that HRPS is best-placed to promote women’s rights in the national administration at the county level.

The high incidence of sexual assault against women and children necessitates a comprehensive campaign against gender based violence. Investigation and prosecution of such cases is of very poor standards, and HRPS intervention continues to be critical in bringing a case to court. State-supported services for the victims of sexual assault are almost non-existent.

Procedural priorities

1. Preparation of standard incident report format

Standard incident report formats are essential for uniform case management and the entry of data into an HRV database, as well as for statistical gathering regarding the work of HRPS. Certain details are required in all cases, and a format would ensure that these are not forgotten. Incident reports are not the same as reporting done for the daily or weekly sitreps.

2. Establishment of criteria for opening and closing case files

Criteria are necessary for HROs in the field to determine whether a case is in fact a human rights issue. Criteria should be drafted for direct human rights violations against individuals or groups, as well as for more general issues that have an impact on human rights and should be monitored in relation to their impact on the human rights situation, such as incidents of vigilantism or ritual killing. At the same time, it is important that files are regularly reviewed to enable follow-up to be performed and that files be closed when the case is resolved or no further work can be done.

3. Establishment of procedures for information flow between counties, sector HQ and national HQ, to ensure appropriate follow-up of cases

Information flow from the field to sector HQ and then to HQ must be standardized to ensure that accurate and comprehensive records are maintained and that appropriate follow-up is undertaken at the national level.

4. Development of a series of capacity-building seminars for staff on human rights work and crucial thematic or legal issues

HRPS has a responsibility to build the capacity of national Human Rights Officers. Capacity-building seminars on technical and substantive issues relevant to work in HRPS, such as report writing, confidentiality, juvenile justice and detention conditions would improve working standards as well as equip national officers with skills to increase their chances of re-employment upon closure of the mission. Correspondingly, international HROs would benefit from seminars conducted by national colleagues on issuers particular to the history and culture of Liberia, such as secret societies, characteristics of the civil war in particular counties and the role of today’s NTGL leaders during the armed conflict. A series of seminars could be arranged, perhaps once per month, to be conducted the day before or following the staff meeting.

5. Development of human rights monitoring methodology

A uniform approach to human rights monitoring is essential for consistent and high quality work. HROs come from different backgrounds (DPKO, NGOs, public service etc) and thus naturally have different approaches to human rights monitoring. Development of a specific methodological approach could draw on the best elements and lessons learned in the past experience of all staff members. A single, comprehensive methodology would also enhance the professional reputation of the unit by permitting our work methods to become familiar to all colleagues, partners and beneficiaries with whom we come into contact.

C. Possible activities in accordance with substantive priorities

1. Support to the establishment of the Independent National Commission on Human Rights

• HRPS should push for UN, national and international pressure for the swift passage of the INCHR.

• Intensive training sessions on human rights treaties, the Constitution of Liberia, the INCHR Act, statement-taking, investigation techniques, report-writing etc.

• Follow-on ‘mentoring’ of commissioners and staff by senior staff of HRPS, to assist in the resolution of substantive and procedural issues as they arise and provide an opportunity for continuing dialogue.

• HRPS could hold a workshop with INCHR commissioners to consider activities to be included under the National Human Rights Action Plan (this would require the input of the benchmark treaty reports discussed below).

2. Training on preparation of benchmark reports under treaties ratified by the NTGL, as well as the implementation of those treaties

• HRPS could provide a series of capacity-building workshops conducted on a round robin basis (so all relevant NTGL staff can participate) concerning benchmark reporting.

• Capacity-building workshops should also be held for members of the NTLA (perhaps three people from each NTLA Committee, as well as the staff of the Office of the Speaker) on implementation of the human rights treaties.

• HRPS could undertake a review of current legislation relating to the judicial system, family law and child protection, to analyse compliance with Liberia’s human rights law obligations.

3. Support to the establishment of the Truth and Reconciliation Commission

• HRPS could facilitate communications between international bodies and donors with an interest in other truth and reconciliation commissions elsewhere in the world, such as ICTJ, the Government of the United Kingdom, USAID etc, to begin lobbying for financial and technical support to the TRC. Given the manifest lack of political will to establish the TRC in Liberia, great effort will be required to attract the necessary funding and technical support to ensure the commission’s legitimacy.

• In connection with the above, HRPS could assist the commissioners and their embryonic secretariat (should one be employed) to develop an initial plan for the TRC organogram, likely budgetary needs, possible promotional activities or special hearings, timeline for execution of the mandate etc.

• Work should continue on the human rights database and integrity bank to gather information on past human rights abuses to be provided as part of the resource materials of the TRC.

• Following passage of the TRC enabling legislation, a broad public awareness campaign will be needed to inform Liberians about the various activities of the TRC under its mandate.

• The commissioners will need extensive training on their responsibilities under the TRC Act, and on international humanitarian and human rights law.

• Following their recruitment, staff of the TRC will need training on office procedures, information management, statement-taking and investigation techniques, as well as specialized issues such as gender sensitivity and how to take statements from traumatized people without doing further harm.

• HRPS could research lessons learnt from other TRCs around the world to formulate a series of operational criteria for a TRC that meets its mandate and the expectations of the community. This could then be used as a tool to assess the TRC’s performance.

4. Investigation and reporting on gross human rights abuses that occurred during the years of armed conflict

• A number of notorious or large-scale human rights violations that likely amount to a violation of international humanitarian law (eg crimes against humanity or war crimes) should be investigated for the purposes of supporting the work of the TRC but also as a background paper to inform discussion on a criminal justice mechanism for Liberia.

• HRPS should research the various models that have been used to prosecute violations of international humanitarian law and develop a policy paper making suggestions for a future mechanism for Liberia.

5. Monitoring of the short and long-term resettlement of returned Internally Displaced Persons

• HROs in the counties should continue to participate in CRAC assessments, to determine the conditions facing returnees following declaration that a county is safe.

• HROs should make monitoring visits to areas of return at the onset of organized returns, followed by a medium (ie six months) and long-term (12 months) visit to assess the degree to which IDPs are reintegrating in the area and to note any emerging problems.

• Monitoring of the reintegration of women and children IDPs and other vulnerable IDPs should be a particular concern.

6. Monitoring and reporting on human rights violations committed by Liberia National Police officers and lobbying for an effective independent oversight mechanism

• An HRPS staff member could be assigned on a full-term basis as liaison officer with LNP to provide technical advice on human rights and policing.

•Disciplinary measures to be adopted against violative performance by LNPs should be clearly established at country level

• Working with National Police and CIVPOL (as partners) on arrest, detention issues, which will include monitoring detention facilities and protection of victims of illegal or arbitrary detention. In coupe with monitoring prisons and working with correction officers.

• Training/awareness raising on Liberian Constitution human rights provisions in conjunction with international human rights standards and the mechanisms of implementation. Dissemination of Liberia periodic reports and concluding observation to local authorities and communities representatives.

• As CIVPOL works on the development of an oversight mechanism for the LNP, HRPS should collaborate in that process to ensure that human rights concerns are a focus of the oversight process and that the model chosen meets international best practice standards.

7. Monitoring and reporting on detention facilities and lobbying for compliance with minimum standards

• HROs should continue regular monitoring visits to all places of detention across Liberia.

• Follow-up visits could be made to former sites used as places of incommunicado detention under the Taylor regime, to ensure that they are not being used for the same purpose today.

• HRPS should provide training on detention standards and detainees’ rights to corrections officers.

• HRPS could provide capacity-building training to Liberian NGOs to enable them to perform prison monitoring, in tandem with HRPS and alone.

• HRPS should continue the review of Liberian detention laws to assess and promote compliance with the Standard Minimum Rules for the Treatment of Prisoners etc.

8. Human rights education and capacity-building

• World program phase 1 (primary and secondary schools): awareness and reflection activities with principals, teachers and students (petty cash implication);

• Implication on civil education and information about access to justice (prohibition of discrimination). Delicate relationships between traditional and urban sector;

• Great role for local NGOs (human rights particularly) and CBOs involved in awareness through visits to villages, use of radio, and organization of civil society events through drama groups and awareness programs in local languages; this implies capacity building to be provided to such actors (petty cash implication);

• Liberia as part of, or signatory, of important human rights treaties protecting women: empowerment of women-based NGOs and CBOs for further awareness in communities and traditional sectors;

• Dangerous traditional practices particularly with respect to women dignity and integrity;

9. Monitoring and reporting on women and children’s rights, particularly the right to freedom from sexual and physical abuse

• HRPS could coordinate a national public awareness campaign on domestic violence as a crime.

• HRPS could provide systematic training to LNP and prosecutors across Liberia on sexual and gender-based violence.

• HRPS should continue its practical support to the investigation of sexual assault against children.

• HRPS should begin building the capacity of national institutions and NGOs to support victims of sexual assault.

• HRPS could consider a review of the national legislation relating to sexual assault and propose necessary amendments based on international best practice.