Tuesday, April 17, 2007

REPORT ON THE THREE-DAYS CONSULTATIOIVE MEETING HELD BY THE INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTTS IN COLLABORATION WITH THE UNITED NATIONS

REPORT ON THE THREE-DAYS CONSULTATIOIVE MEETING HELD BY THE INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTTS IN COLLABORATION WITH THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP) WITH CIVIL SOCVIETY ORGANIZATIONS, LOCAL AND INTERNATIONAL NON GOVERNMANTAL ORGANIZATIONS, HUMAN RIGHTS ORGANIZATIONS, WOMEN AND YOUTH GROUPS AT THE HEADQUARTER OG THE YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA)

11 AUGUST2004.

Introduction:

The Independent National Commission on Human Rights (INCHR), in collaboration with the United Nations Development Program (UNDP), conducted a three days consultative meeting with civil society Organizations, human rights groups/organizations Local and International non – governmental organizations, women and youth organizations with the “The framework of the Independent National Commission on Human Rights (INCHR) to solicit views for the effective functioning of the Commission (INCHR).

In his introductory remark, the chairman of the Commission, Atty. T. Dempster Brown, informed the participants that the Independent Commission on Human Rights was given birth by the Comprehensive Peace Agreement (CPA) signed between warning parties and the Liberian Government on 18th day August A.D. 2003.

Chairman Brown said that the peace agreement gave the commission the mandate to monitor the compliance of the basic rights guarantee in the peace agreement to include civil and political rights, the rights to life and liberty, freedom form torture, association and the rights to take part in governance of one’s country.

The chairman further intimated that the commission shall work together with local human rights and civil society organizations and other relevant United Nations agencies to monitor and strengthen the governance of human rights.

Chairman Brown said, Liberia is in a primitive and dark world because such cultural practices which include the extraction of human parts for juju (ritual purposes) to increase the power base on our leaders and to win elections, are inhumane and violation of the rights of the human person, especially women and children,

He further told the participants that the practice of female genital mutilation is inhumane and violation of women’s rights, therefore, the commission will take the lead to sensitize the Liberian people to abolish such a practice

Several speakers were invited to speak on various topics, among whom was His Excellency, Charles Guyden Bryant, and Chairman of National Transitional Government of Liberia on the Topic “The framework of the Independent National Human Rights.

The framework of the INCHR

Representing the executive Mansion was the legal advisor to the vice chairman Cllr. Peter Amos George Jr, who also represented the vice chairman; informed the participants that the commission has a greater role to play during this transitional period of our time. He further lamented that the Commission is the voice of the voiceless in the Liberian society in monitoring the government to respect the rights of the Liberian people. He further said that the commission should stand firm in exposing those who committed atrocities against the Liberian people and want to become president of Liberia.

Vision of the INCHR

Speaking on the topic THE VISION OF THE INCHR, Dr. Bipin Adhikari who represented UNMIL Head of Mission Ambassador Jacque Paul Klen, said that Liberia is at the cross roads and therefore needs to embrace the INCHR because it is the gate way to human rights in Liberia for the development of the country. He further said that Human Rights Commissions, which are referred to as national institutions, are important and therefore, Liberians should accept the commission as a way forward to deter the culture of impunity.

Speaking further was Honourable Commany Wesseh, chairman on peace process, he spoke on the topic: “THE EXPECTATION OF THE INCHR”, Honourable Wesseh advised the commission members to be neutral in its operation. The commission should speak after gathering facts and evidences and not on hearsay. He further said that the role of the commission is crucial and therefore the commission must be objective in its investigation.

Speaking on the topic: “THE ROLE OF THE CIVIL SOCIETY AND THE INCHR” were Honourable Dan Sayeah, Chairman of the Civil Society organization and Mr. Thomas Bureh, Chairman of the Liberia Coalition of Human Rights Organization.

Hon. Sayeah informed the participants that in the past individuals were serving as the civil society, such as the late Albert Porte, D Tweh, in addition, later in the 1960’s and 1970’s students organization such as LINSU including pressure groups to include: MOJA and PAL came in to advocate for the Liberians people. Therefore, civil society is a strange phenomenon in the Liberia society.

Hon. Sayeah further informed the participants that the role of the civil society and the INCHR is to work hand in hand to fight the culture of impunity that is eating the fabric of the Liberian society. He further lamented that the civil society is the strength of the commission and therefore both should network for the success of the commission.

Speaking further on the same topic, was the chairman of the coalition of human rights organization, Mr. Thomas Bureh who told the participants that the previous commission, that the Liberia Commission on human rights was established to serve the interest of the government because it had no subpoena power to summon those who committed atrocities against the Liberian people.

Mr. Bureh further informed the participants that the commission that the civil society has been searching for is the INCHR, but he maintained that for the commission to effectively function, the act now pending before the TLA must be passed to legistimize the commission.

Mr. Bureh also maintained that in order for the commission to receive complaints, it must establish a procedure for the filing of complaints to the commission.

Speaking further was Ms. Awa Dabo, on the topic; UN guideline and resolution Governing Human Rights Commission, Ms. Dabo highlighted the Paris Principle to the establishment and effective functioning of all national institutions such as the Independent National Commission on Human Rights.

Ms. Dabo clearly stated that in order for a National institution ot be effective, it must be legitimized and have the legal capacity to summon alleged human rights violators and hear complaints consistent with due process of Law.

Members of the commission must represent a broad spectrum of the civil society with high degree of honesty. The commission must be independent and that its independence should be guaranteed through three (3) means.

1. The first is the composition of the commission must ensure the pluralistic representation of the social forces (Civil Society)

2. The second is the funding of the commission and infrastructure that would make it to be independent of the Government and not to be subjected to financial control, which might affect the independence.

3. Ms. Dabo also cautioned the commission to net work with civilian society. She also emphasized that the draft act that is pending before the TLA must be passed into law to legitimize the commission.

Speaking on the topic The Elements for effective Functioning of the INCHR the Executive Director of FORD Mr. Aloysius Toe, told the participants that the Independent National Commission on Human Right is a National Institution that needs to be supported financially by both government and the International Community. Mr. Toe said that the elements for the effective functioning of the commission include accountability, transparency etc.

Mr. Toe further lamented that besides the comprehensive Peace Agreement that created the commission with the mandate to monitor the compliance of the basic rights guaranteed in the peace agreement to include; Civil and Political rights, the rights to life and liberty, freedom from torture, association and the rights to take past in the governance, the commission must be legitimized through the passage of the Act by the Legislative Assembly that would give the commission power to subpoena alleged human rights violators.

Speaking further on the third day of the meeting was Cllr. Francs Johnson Morris, Chairman on the National Election Commission who spoke on the Topic; Opportunities for the practices of human rights in Liberia, informed the participants that it is time that the human rights community in Liberia will operate freely without intimidation and harassment from the state security.

She said that the citizens of Liberia went through trials and temptation under the past regime. Human rights violation was the order of the day, advocates of human rights were imprisoned without due process of law.

Cllr. Morris emphasized that in order for the opportunities to practice human rights to exist, the following condition must exist; the respect for the rule of law, free from security harassment and intimidation and state security must be accountable to the citizens.

She concluded that the Independent National Commission on Human Rights is important in the life of the Nation; therefore, it should be taken serious. She admonished the commission members to remain neutral and objective in their finding.

At the close of the meeting, the Solicitor General of Liberia Cllr. Theophilus Gould informed the participants that the commission has a crucial role to play in this transitional period, and therefore, must be neutral and objective in its finding and reporting.

Counsellor Gould told the participants that the commission in carrying out its mandate, should network with the ministry of justice to expose those who continues to commit crimes and atrocities against the Liberian people to be prosecuted.

Meanwhile, the participants came out of with the following resolutions as follows:

There should be continuous sharing of information/network between the INCHR and the Civil Society

The Judicial Branch of Government must take cases referred to court by INCHR serious for speedy adjudication

The Executive branch of Government should give field officers of the INCHR assigned in the leeward counties protection.

The judiciary should build the capacity of the commission through the training of the personnel of its legal department for the effective functioning of the commission in the area of human rights.

The INCHR must remain an independent body free from interference from government.

The Transitional legislative Assembly must pass the draft Act of the Independent National Commission on Human Rights

The National Transitional Government of Liberia (NTGL) must take the lead to provide logistics for the commission to encourage the International Community to provide support for the commission.

The INCHR should serve as a watchdog for the government by exposing all corrupt practices and the violation of human rights perpetrated by government officials without fear or favour.

The INCHR should investigate past human rights violations.

The INCHR should make representation in court for the extradition of the alleged perpetrators of human rights violation to face justice.

(Source: INCHR Secretariat)

Draft Bill 2004 (as proposed by the Government of Liberia)

Draft Bill 2004

AN ACT TO REPEAL THE ACT OF 1997 CREATING THE LIBERIA COMMISSION ON HUMAN RIGHTS AND TO CREATE THE INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTS OF LIBERIA

PREAMBLE

Whereas, the Constitution of the Republic of Liberia guarantees to each citizen and resident certain inalienable and fundamental rights and liberties; and

Whereas, the Republic of Liberia is a founding member of the United Nations and OAU, now African Union and a signatory to the respective charter, and

Whereas, the Liberian Government is a party and signatory to a wide range of International Human Rights and International Humanitarian treaties, conventions and the Declaration which re-emphasize and reconfirm these basic inalienable rights; and

Whereas, the Comprehensive Peace Agreement signed in Accra on 18th August 2003 provides for the creation of an independent National Commission on Human Rights (INCHR);

NOW THEREFORE, IT IS HEREBY ENACTED BY THE NATIONAL TRANSITIONAL LEGISLATIVE ASSEMBLY IN LEGISLATURE ASSEMBLED:

ARTICLE I
NAME

There is hereby established the Independent National Commission on Human Rights named and Styled THE INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTS (INCHR)

ARTICLE II
LOCATION OF OFFICE

The principal offices of the INCHR shall be located in the city of Monrovia, county of Montserrado, Republic of Liberia with the right to establish, maintain and close as well as terminate any of its offices and branches and thereafter reopen and reactivate them any where within the republic of Liberia.

ARTICLE III
POWER OF THE INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTS

The INCHR is hereby authorized and empowered to do and have the following powers:

1. To give advice and assistance in the implementation on national and international human rights standards.

2. The commission shall have the power to investigate all complaints of violation of civil, political, social, economic and cultural rights of citizens and residents within the Republic of Liberia.

3. To have both powers to investigate and conduct hearings consistent with due process of law.

4. To conduct on-site inspections and investigations, including visitorial powers over jails/prisons, police cells including all military and Para-military detention facilities in Liberia.

5. The Commission shall have the power to make determination, referrals and recommendations to the appropriate authorities concerning matters which it has been conciliating or investigating.

6. The Commission shall have the power to provide legal services or make legal representation in all courts of competent jurisdiction to anyone whose rights said to be violated.

ARTICLE IV
FUNCTIONS OF THE INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTS

The functions of the INCHR are:

1. To act as a source of human rights information for the Government and the people of Liberia;
2. To assist in educating public opinion and promoting awareness of and respect for human rights and international humanitarian laws and treaties or protocol to which the Republic of Liberia is a party;

3. To submit to the government, legislature and any other competent body, on an advisory basis, either at the request of the authorities concerned or on its own opinions, recommendations, proposals and reports on any matter concerning the protection and promotion of human rights and international humanitarian laws;

4. To act upon any legislative or administrative provisions as well as provisions relating to judicial organizations, intended to preserve and extend the protection of human rights;

5. To act upon any situation of violation of human rights;

6. To prepare quarterly and annual report on national situation with regards to human rights in general and more specific matters such as arm aggression against the Republic of Liberia, internal conflicts, crime against humanity, war crimes, torture and genocide;

7. To draw the attention of the government to situation in any part of the country where human rights are violated and make proposals to the government for initiative to put an end to such situation, and where necessary, expressing an opinion on the position and reactions of the government;

8. To promote and ensure the harmonization of national of national legislations, regulations and practice with international human rights instruments to which Liberia is a party and signatory.

9. To encourage the ratification of all international human rights and international humanitarian conventions, treaties or protocols; the accession of these instruments and ensure their implementation;

10. To contribute to the reports which the UN members states are required to submit to UN bodies and specialized committees, and regional institutions, pursuant to their treaties, obligations, and where necessary, to express and give opinion on the subject, with due respect for the independence of the INCHR;

11. To cooperate with the UN and any other agencies in the UN system; the African Commission on Human and Peoples Right and the national institutions of other countries as well as local institutions which are competent in the areas of the protection and promotion of human rights;

12. To assist in the formulation of programs for the teaching and research into human rights and to take part in their implementation in schools, universities, and professional circles;

13. To exist and function as a full autonomous body both with respect to its administration and finances. The INCHR shall have financial autonomy and its budgetary allocations be not in any way connected to or place under the budget of any other agency, ministry or institution of government;

14. To prepare and submit written annual reports to the heads of the three branches of government;

15. To perform any other function which the government may wish to assign to the INCHR in connection with the duties of the state under those international instruments in the field of human rights to ; and

16. The Independent National Commission on Human Rights can sue and be sued.
17. The Independent National Commission on Human Rights has the authority to devise its own rules of procedures consistent with the constitution and statutory laws of Liberia;

ARTICLE VI
SUBPONEA POWER

SUBPONEA POWER: The Independent National Commission on Human Rights shall have Subpoena Powers to bring under its jurisdiction those accused of Human Rights violations based upon complaints from the aggrieved parties. In case the accused refuses to appear before the commission, the commission shall apply to any circuit Court for a writ of arrest to compel the accused to appear before the commission.

ARTICLE VI
IMMUNITIES

Any person appearing before the commission shall be granted immunities from persecution growing out of testimonies in any or all of the below categories:

a) Eye witnesses, jurors, subordinate of subjects whose principal and or superiors perpetrated a human rights violation as a result of which he/she was invited to testify to the extend that his/her testimony will expose and lay bare the truth and facts as of the giving case.

b) The low ranking officer or agent who, while acting on the orders of a principal or superior, perpetrated human rights violation at the time of the abuse he/she was coerce or under eminent danger to his or her life or security from his or her principal.

c) A suspected perpetrated, whose testimonies hold the potential to provide information to unearth other human rights violations to which he/she was a participant directly of indirectly provided that he or she was not the principal or main actor.

ARTICLE VII
REPARATION

The commission shall award reparation or compensation to victims whose rights have been violated by Government Officials, Security personnel or private citizens. The compensation or reparation shall be awarded by the commission for the accused to capacitate the victim for the losses or injuries sustained during the violation, based on its discretion depending on the gravity of the violation, and that any dissatisfy party shall take appeal to the Supreme Court for Judicial Review.

ARTICLE VIII
COMPOSITON OF THE INDEPENDENT NATIONAL COMMISSION ON HUMAN RIGHTS

The commission shall have a Chairman, Vice Chairman and Executive Director, and that the Vice Chairman be elected by the seven (7) Commissioners based upon a two third (2/3) majority vote and the Executive Director shall be appointed by the chairman of the Commission in consultation with the other commissioners. The Chairman of the Transitional government/President of Liberia shall, by and with the consent of the Transitional Legislature/Senate appoint a seven (7) member commission, comprising a Chairman, consisting of professional and reputable lawyers and human rights advocates of Liberian nationality taking into consideration gender and from the civil society sector, such as human rights organizations, NGO’s trade unions, and the Liberia National Bar Association. The chairman shall be a reputable lawyer who has practice law for at least five (5) years. The commissioners shall work full-time.

ARTICLE IX
FUNCTIONS OF THE CHAIRMAN

The Chairman of the Commission shall be the administrative head of the commission. He shall preside over all meetings of the commission and shall also be spokesman of the commission. The chairman shall make administrative decisions for the welfare of the commission, he shall also appoint all department heads in consultations with the other commissioners. The chairman also shall represent the commission in all conferences, except where he designate any of the commissioner’s to represent the commission.

ARTICLE X
FUNCTIONS OF THE VICE CHAIRMAN

THE Vice Chairman of the commission shall be the deputy to the chairman and shall preside over all meetings in the absence of the chairman. The Vice Chairman shall also attend conferences in the absence of the chairman and shall also designate any other commissioner to the interest of the commission.

ARTICLE XI
FUNCTIONS OF THE EXECUTIVE DIRECTOR

The Executive Director of the commission shall be the liaison between the commissioners and the employees. He shall serve as secretary to the commissioners during plenary and shall be responsible for the overall management of the commission and shall report directly to the chairman. He shall also execute the policies and plans of the commission, formulated by the commission. He is responsible to design and execute appropriate programs for the effective operation of the commission. He shall also make representation with local authorities as directed by the by the commission. He shall also ensure that funding to the commission is used for its intended purpose for accountability.

ARTICLE XII
STRUCTURE

The INCHR shall consist of at least the following administrative organs with the responsibility to recruit qualified staff to fill them.

a. The Department of Administration and Budget
b. The Department of Public Affairs and Information
c. The Department of Legal Affairs, Research, Monitoring and Documentation
d. The Department of Education

ARTICLE XIII
REPLACEMENT OR DISMISSAL OF A COMMISSIONER

Were a commissioner to die, resign or be dismiss from office consistent with clause two (2) below, or is in capacitated and or unable to perform the duties of his/her office, the chairman of the transitional government/president shall, appoint a replacement in accordance with article X section II of the art.

The chairman of the transitional government/President may dismiss from office any commissioner upon impeachment and conviction by the legislature based on proved gross misconduct in court of law for treason, bribery misapplication of entrusted property or other felonies.

ARTICLE IV
TUNURE OF COMMISSIONERS

Each member of the commission shall hold office during good behaviour;
A commissioner shall not hold any other public government office upon incumbency;
INCHR members shall not engage in any other occupation business or professional or any other activities for which they are paid;
A commissioner shall not hold any position incompatible with the proper performance of his/her official duties. Within ten (10) days following his or her appointment and before taking office, he/she must resigned from any position incompatible within this section or the office, otherwise the INCHR member must not accept the appointment.

ARTICLE XV
NON-POLITICAL STATUS OF THE COMMISSION

The INCHR shall have jurisdiction over the following subject matters:
the INCHR will consider office matters on Women’s Rights, child’s Rights and matters of discrimination in general and against women in particular;
the INCHR shall have both territorial and universal jurisdiction over crimes relating to International Humanitarian Law violations, such as crime against humanity, War crimes, genocide and torture, ect.

ARTICLE XVI
SUBJECT MATTER JURDICTION OF THE COMMISSION

The INCHR shall have jurisdiction over the following subject matters:

1. Complaints and/or situations of arbitrary arrest and prolong detentions; without charge or, torture, cruel, inhumane and degrading treatment, extra judicial execution, disappearances and rape, ect

2. Complaints and/or situation of violation of civil, political, social, economic, cultural, religious, environmental and developmental rights provided by the constitution and statutory laws of Liberia and International Human Rights and Humanitarian Treaties, conventions and protocols to which the Republic of Liberia is a part;

3. The provision of human rights information and education to the Liberian People in a systematic manner, and the provision of advice to government functionaries as it relates to the promotion and protection of human rights.

ARTICLE XVII
DISCRETION NOT TO INVESTIGATE

The INCHR may in its discretion decide not to investigate or discontinue an investigation of a complaint if: (a) an adequate remedy or appeal right already exists that the complaint could reasonably be expected to use whether the complainant has used it or not; (b) it is trivial, frivolous, vexatious or not made in good INCHR faith; (c) considering all circumstances of the complaint further investigation is unnecessary or not warranted; (d) the complainant has had knowledge for more than two (2) years before making a complaint And has no reasonable explanation for not pursuing a remedy or appeal or filing a complaint; (e) INCHR resources are insufficient for adequate investigation would serve no useful purpose; (f) the complaints or one substantially like it has been previously investigated; (g) the complainant’s identity is not disclosed to the;

If the INCHR decides not to investigate, or to cease to investigate a complaint, the INCHR shall inform the complainant of that decision and state reasons. If the INCHR decides not to investigate the complaint, it may notify the agency of the decision. Notice given this section may be oral but the INCHR shall state in writing the reasons for not investigating a complaint if requested by the complainant.

ARTICLE XVIII
NON-PROFIT, TAX EXEMPT STATUS

The INCHR shall be a non-profit organization and have a tax-exempt status with duty free privileges pursuant to Section 2.5 and 13.10 of the Revenue and Finance Law, Vol. VI, LCL Revised, as amended, as such other laws as may hereinafter be enacted and shall be registered with the Ministry of Finance as a tax exempt entity.

ARTICLE XIX
ACCOUNTABILITY, TRANSPARENCY AND FUNDING

1. In order to enhance the operational efficiency of the INCHR, it must have continual funding on an annual basis on an annual basis, from the revenue of the Government of Liberia, as determined by the commissioners and Director General of the Bureau of the Budget.

2. The INCHR may request, make proposal and obtain external funding from private, international, non-government organizations, inter-governmental organizations, individuals, individuals, and corporate donors at home and abroad.

3. The INCHR as a policy to ensure accountability shall submit detailed quarterly and annual reports on its activities and programs to the Liberia Senate, the Judiciary and the executive branches of government. The report shall also be accessible to the public and the international community.

4. Transparency, through publication and information dissemination shall be the hallmark of the INCHR.

ARTICLE XX
EFFECTIVE DATE

THIS ACT SHALL BECOME EFFECTIVE AND ENTER INTO FORCE IMMEDIATELY UPON PUBLICATION INTO HAND BILLS

ANY LAW TO THE CONTRARY NOT WITHSTANDING

(Please note that this government draft was revised by Dr Bipin Adhikari, a Nepalese lawyer working with the UNMIL Human Rights and Protection Section in cooperation with the Commissioners of the INCHR and other human rights organizations and civil society groups. The final draft was approved by the civil society groups before sending it to the government. Some major improvements could be noted when this draft is compared with the INCHR Act passed in 2005).