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)