A House with Two Rooms - The Advocates for Human Rights

More documents

Recommendations

Info

Acknowledgements Hundreds of individuals in the United States, United Kingdom, Ghana, and Liberia offered up their time to make the Liberia TRC Diaspora Project possible. It would be impossible to list them all here, but The Advocates wishes to thank each of them for their efforts. It would not have been possible to extend the TRC process to Liberians in diaspora without the valuable contributions of the members of the Liberian Advisory Committee and the Pro Bono Management Team (especially Dulce Foster, Dianne Heins, Mark Kalla, and James O’Neal). In particular, The Advocates expresses profound gratitude to the Liberian TRC Diaspora Project Advisory Committee and to those individuals who volunteered as statement takers to document the stories of Liberians in the diaspora. And to those Liberians who shared their stories, either by giving a statement or testifying publicly at hearings, we are humbled by their strength and courage. The Advocates also thanks the law firms listed below for their contribution of major administrative and volunteer support to the Liberia TRC Diaspora Project: Faegre & Benson LLP Fredrikson & Byron P.A. Dorsey & Whitney LLP For significant local project management and coordination, The Advocates thanks the following law firms: Akin Gump Strauss Hauer & Feld Dechert LLP DLA Piper Fried Frank Shriver & Jacobson LLP King & Spalding LLP Schiff Hardin LLP Schnader Harrison Segal & Lewis LLP The Advocates thanks the law firms listed below for their contribution of significant volunteer resources and research to the Liberia TRC Diaspora Project: Alston & Byrd Ballard Spahr Andrews & Ingersoll Blank Rome Briggs & Morgan P.A. Edwards Angell Palmer & Dodge Eversheds LLP Gray Plant Mooty Kilpatrick Stockton Leonard Street & Deinard x
Lindquist & Vennum LLP Maslon Edelman Borman & Brand Mayer Brown International LLP Pepper Hamilton Reed Smith Robins, Kaplan, Miller & Ciresi LLP Stradley Ronon Stevens & Young Sun Life Sutherland Asbill & Brennan LLP The Advocates thanks the following Liberian community organizations for their support of the Liberia TRC Diaspora Project: Liberian Association of Metro Atlanta (LAMA) Liberian Association of Metro Washington, D.C. Liberian Association of Northern New Jersey Liberian Community Association of Rhode Island Inc. (LCARI) Liberian Mandingo Association of Pennsylvania Liberian Refugee Welfare Council (Buduburam, Ghana) Organization of Liberians in Chicago, Illinois Organization of Liberians in Minnesota (OLM) Staten Island Liberian Community Association (SILCA) The Liberian Organization of the Piedmont Union of Liberian Organizations – UK (ULO-UK) The Advocates thanks the following academic partners for their support of the Liberia TRC Diaspora Project: American University Columbia University International Trauma Studies Program Columbia University Law School Emory University Georgia Institute of Technology Hamline University Luther Seminary Morehouse College New York University Law School Northwestern University School of Law’s Bluhm Legal Clinic Roger Williams University School of Law Seton Hall Law School Spelman College University of Minnesota Center for Restorative Justice and Peacemaking University of Pennsylvania Law School Transnational Law Clinic xi
Page 1 and 2: A House with Two Rooms Final Report
Page 3 and 4: This report is dedicated to the peo
Page 5 and 6: The Advocates for Human Rights The
Page 7 and 8: Table of contents Acknowledgments x
Page 9: The Return 374 Chapter Fourteen. Re
Page 13 and 14: Finally, The Advocates thanks our i
Page 15: Table of Acronyms ACANA African Cul
Page 19 and 20: 3 Chapter One. Executive Summary Al
Page 21 and 22: also spoken. Liberia was partly sha
Page 23 and 24: The concentration of state power am
Page 25 and 26: factions as they emerged to contest
Page 27 and 28: thirteen years old. They dragged he
Page 29 and 30: or guiding children and others who
Page 31 and 32: are extremely high, but the realiti
Page 33 and 34: Addressing the legacy of conflict t
Page 35: Notes 1 TRC Diaspora Statement Rec.
Page 39 and 40: Priority Recommendations at a Glanc
Page 41 and 42: (UNHCR) should ensure that any repa
Page 43 and 44: individuals personally responsible
Page 45 and 46: eflect its history and people. Such
Page 47: 31 Chapter Two
Page 51 and 52: hiStory and goalS Chapter Three. Di
Page 53 and 54: Commissioner Massa Washington, who
Page 55 and 56: 39 Chapter Three Many national trut
Page 57 and 58: 41 Chapter Three The TRC Diaspora P
Page 59 and 60: The majority of TRC statements from
Page 61 and 62:
45 Chapter Three The report authors
Page 63:
taking and is available for viewing
Page 66 and 67:
geography and peopleS 1 Liberia is
Page 68 and 69:
key featureS of liBerian culture Li
Page 70 and 71:
Liberian settler politics from 1883
Page 72 and 73:
President Tolbert. 76 Tolbert was a
Page 74 and 75:
peace, security, unity and reconcil
Page 76 and 77:
practices as superior to practices
Page 78 and 79:
would have to make concessions to i
Page 80 and 81:
statement giver reported how his ne
Page 82 and 83:
targeted. For example, people with
Page 84 and 85:
chickens, food, animals, and things
Page 86 and 87:
televangelist Pat Robertson’s Fre
Page 88 and 89:
33 The palava hut is a traditional
Page 90 and 91:
Special Court for Sierra Leone, htt
Page 92 and 93:
Press Secretary to Samuel K. Doe, i
Page 94 and 95:
see also Herman J. Cohen, Assistant
Page 97:
81 Chapter Five Human Rights Abuses
Page 100 and 101:
military to shoot the mostly indige
Page 102 and 103:
Human rights violations reported du
Page 104 and 105:
around, all derisively gazing at th
Page 106 and 107:
soldiers reportedly engaged in loot
Page 108 and 109:
eleased. 63 Checkpoints and Curfews
Page 110 and 111:
In 1984, this statement giver himse
Page 112 and 113:
dorms and raped for several days be
Page 114 and 115:
Ethnic Targeting Doe’s revenge ag
Page 116 and 117:
and stripping billboards of Doe. 14
Page 118 and 119:
government were another step on Lib
Page 120 and 121:
34 The statement giver’s father d
Page 122 and 123:
108 Adewale Maja-Pearce, The Press
Page 124 and 125:
108
Page 126 and 127:
110
Page 128 and 129:
all groups committed human rights v
Page 130 and 131:
faction for companionship and prote
Page 132 and 133:
Statement givers noted the rewards
Page 134 and 135:
We were on the road and some rebels
Page 136 and 137:
Combatants used other methods to co
Page 138 and 139:
BBC was careful not to broadcast di
Page 140 and 141:
42 See TRC Diaspora Statement Recs.
Page 142 and 143:
126
Page 144 and 145:
128
Page 146 and 147:
methods condoned, encouraged, or ev
Page 148 and 149:
“Starvation of civilians as a met
Page 150 and 151:
where there was “a wall running w
Page 152 and 153:
were Kru, Sarpo, Lorma, or Bassa du
Page 154 and 155:
plastic and my sister’s fingers w
Page 156 and 157:
If you are a man and wear a red T-s
Page 158 and 159:
Those responsible for the detention
Page 160 and 161:
We didn’t want to leave Monrovia.
Page 162 and 163:
The terroristic impact of the killi
Page 164 and 165:
his bare hand and because of that,
Page 166 and 167:
okered peace accords, 195 disarmame
Page 168 and 169:
the woman was from. She replied tha
Page 170 and 171:
Doe’s body for political reasons.
Page 172 and 173:
Another statement giver stated that
Page 174 and 175:
iSe of other factionS The years bet
Page 176 and 177:
Statements and secondary sources re
Page 178 and 179:
One day some men from the LPC came
Page 180 and 181:
epresentatives selected by the vari
Page 182 and 183:
families, 409 killing, 410 and seek
Page 184 and 185:
Statements revealed that ECO-MOG pl
Page 186 and 187:
Notes 1 stePHen ellis, tHe mAsk of
Page 188 and 189:
96 TRC Diaspora Statement Rec. 1354
Page 190 and 191:
Every Car Or Moving Object Gone: Th
Page 192 and 193:
Page 194 and 195:
Report.aspx?ReportId=57838 (last vi
Page 196 and 197:
180
Page 198 and 199:
182
Page 200 and 201:
Liberian treasury and had plenty of
Page 202 and 203:
group supported by Guinea and forme
Page 204 and 205:
homes and in public. A statement gi
Page 206 and 207:
of being beaten while in detention.
Page 208 and 209:
an informant, but was never brought
Page 210 and 211:
Acts, such as murder, extermination
Page 212 and 213:
publisher. After that, the reporter
Page 214 and 215:
97 Children and Armed Conflict, sup
Page 216 and 217:
200
Page 218 and 219:
202
Page 220 and 221:
Estimates of the number of child so
Page 222 and 223:
ex-combatants interviewed by Human
Page 224 and 225:
of the conflict, but in 1996, lost
Page 226 and 227:
Use of Child Soldiers National Patr
Page 228 and 229:
that they were never paid and relie
Page 230 and 231:
He thought the commanders provided
Page 232 and 233:
Some former child soldiers acknowle
Page 234 and 235:
Another statement giver credited a
Page 236 and 237:
21 Promises of Peace, supra note 7
Page 238 and 239:
Page 240 and 241:
224
Page 242 and 243:
226
Page 244 and 245:
The statute creating the TRC also r
Page 246 and 247:
Legal Systems The division of Liber
Page 248 and 249:
of regulated labor. According to th
Page 250 and 251:
the young woman that “trading sex
Page 252 and 253:
context, but rather is a violation
Page 254 and 255:
In addition to inflicting torture o
Page 256 and 257:
One statement giver described an at
Page 258 and 259:
A public hearing witness also testi
Page 260 and 261:
The rebel who raped me was named An
Page 262 and 263:
I was befriended by an elderly woma
Page 264 and 265:
through the destruction of familial
Page 266 and 267:
community displacement, as well as
Page 268 and 269:
eceive adequate treatment following
Page 270 and 271:
Notes 1 U.N. Div. for the Advanceme
Page 272 and 273:
University (Sept. 23, 2008) (noting
Page 274 and 275:
(transcript on file with the author
Page 276 and 277:
204 Id. 205 See U.N. Country Team,
Page 278 and 279:
262
Page 280 and 281:
264
Page 282 and 283:
egime, Libyans had also established
Page 284 and 285:
Taylor. Côte d’Ivoire’s combin
Page 286 and 287:
Endemic corruption during the civil
Page 288 and 289:
A final complicating factor in the
Page 290 and 291:
Liberia was the largest producer of
Page 292 and 293:
at 4 (Nov. 2003), http://www.issafr
Page 294 and 295:
certificates of origin from Liberia
Page 296 and 297:
119 Liberia - UNOMIL Background, Au
Page 298 and 299:
282
Page 300 and 301:
284
Page 302 and 303:
national seal with the motto “The
Page 304 and 305:
government, the U.S. Navy sent two
Page 306 and 307:
Nevertheless, diplomatic officials
Page 308 and 309:
and shootings that resulted in deat
Page 310 and 311:
intervene and that we didn’t do i
Page 312 and 313:
$525,000 on June 21, 2000 and the s
Page 314 and 315:
87 TRC Diaspora Statement Rec. 707.
Page 316 and 317:
300
Page 318 and 319:
302
Page 320 and 321:
families fled to avoid attack when
Page 322 and 323:
homes. One statement giver describe
Page 324 and 325:
Everyone Scattered When the rebels
Page 326 and 327:
abies and ran to the bush as fast a
Page 328 and 329:
helped me and paid for everything.
Page 330 and 331:
Liberians engaged in an array of ta
Page 332 and 333:
compound was later forced to go to
Page 334 and 335:
Physically crossing the border was
Page 336 and 337:
One statement giver who escaped Lib
Page 338 and 339:
Guinea, and Côte d’Ivoire, and r
Page 340 and 341:
statement givers as the reason they
Page 342 and 343:
were rounded up and held in “conc
Page 344 and 345:
change left many who arrived in Bud
Page 346 and 347:
This leads [him] and others to use
Page 348 and 349:
[A], you’re still living. We will
Page 350 and 351:
here with my children and step-chil
Page 352 and 353:
families are now leaders in governm
Page 354 and 355:
Refugees entering the United States
Page 356 and 357:
Some asylum seekers have been unabl
Page 358 and 359:
life after reSettlement The length
Page 360 and 361:
plane tickets, which we would later
Page 362 and 363:
“Even your younger brother will t
Page 364 and 365:
in a university. We are looked at a
Page 366 and 367:
given rise to problems within the h
Page 368 and 369:
y learning the material. 413 Additi
Page 370 and 371:
Liberians also reported concerns ab
Page 372 and 373:
For example, foreign medical profes
Page 374 and 375:
association websites in the United
Page 376 and 377:
matter, for-profit businesses), cer
Page 378 and 379:
yet typical, trauma by the time the
Page 380 and 381:
actually moved out of state. I know
Page 382 and 383:
inter-tribal mixing occurs than eve
Page 384 and 385:
A researcher interviewing Liberians
Page 386 and 387:
Several statement givers and interv
Page 388 and 389:
Alliance of Liberia (PAL), and the
Page 390 and 391:
After the establishment of peace in
Page 392 and 393:
Notes 1 See Steven Vertovec, The Po
Page 394 and 395:
ehind the back, tied at the elbow s
Page 396 and 397:
Refugee Registration, UNHCR news st
Page 398 and 399:
had arrived after 2003 were allowed
Page 400 and 401:
266 Id. 267 Id. 268 Id. 269 TRC Dia
Page 402 and 403:
Liberians “(1)who are ineligible
Page 404 and 405:
Women’s Association (MAWA), Minne
Page 406 and 407:
Kingdom (Sept. 29, 2008) (describin
Page 408 and 409:
Anner, Sept. 4, 2008, http://www.ba
Page 410 and 411:
552 See, e.g., Assoc. Press, Liberi
Page 412 and 413:
614 See Nina Glick Schiller, Long-D
Page 414 and 415:
398
Page 416 and 417:
400
Page 418 and 419:
liBeria’S international legal oBl
Page 420 and 421:
• Protocol on the Statute of the
Page 422 and 423:
include suggestions for making the
Page 424 and 425:
• Given the extent of the Liberia
Page 426 and 427:
While such programs are important f
Page 428 and 429:
• The Government of Liberia shoul
Page 430 and 431:
on the Rights and Welfare of the Ch
Page 432 and 433:
young persons, without discriminati
Page 434 and 435:
education, such as adult literacy c
Page 436 and 437:
person’s choice, the government s
Page 438 and 439:
are accessible to vulnerable popula
Page 440 and 441:
Potential Implementation Strategy:
Page 442 and 443:
the victims concerned where the con
Page 444 and 445:
identified by the Liberia Refugee R
Page 446 and 447:
Personal Integrity & Dignity: The R
Page 448 and 449:
Personal Integrity & Dignity: Prohi
Page 450 and 451:
treatment appropriate to their stat
Page 452 and 453:
Security Sector Potential Implement
Page 454 and 455:
Security Sector: Combating Extra-Le
Page 456 and 457:
investigation will be initiated. In
Page 458 and 459:
• Continuous training in the prov
Page 460 and 461:
• Ensuring that the government do
Page 462 and 463:
o incorporates capacity building of
Page 464 and 465:
Page 466 and 467:
ut also retain the benefits to the
Page 468 and 469:
emoved. Civil Claims • The Govern
Page 470 and 471:
Page 472 and 473:
Section vi. economic, Social, and c
Page 474 and 475:
or injury. 308 • The Government o
Page 476 and 477:
field of education and, in particul
Page 478 and 479:
Healthcare the personal and cultura
Page 480 and 481:
society to mental health issues and
Page 482 and 483:
Page 484 and 485:
Page 486 and 487:
situations of armed conflicts or of
Page 488 and 489:
encourage research on the causes, n
Page 490 and 491:
ecognition. 393 • The Government
Page 492 and 493:
men; • The Government of Liberia
Page 494 and 495:
of national institutions for protec
Page 496 and 497:
Page 498 and 499:
Recommendations to the Internationa
Page 500 and 501:
financing of reasonable buffer stoc
Page 502 and 503:
Section ix. recommendationS related
Page 504 and 505:
the United States Government take t
Page 506 and 507:
Asylee-Refugee Parity Liberian refu
Page 508 and 509:
• The United States Government sh
Page 510 and 511:
to ensure that Liberians are able t
Page 512 and 513:
concluSion The Liberia TRC Diaspora
Page 514 and 515:
Notes 1 An Act to Establish the Tru
Page 516 and 517:
66 Convention on the Rights of the
Page 518 and 519:
156 Id. Principle 15.2. 157 Convent
Page 520 and 521:
231 by the Minnesota Lawyers Intern
Page 522 and 523:
Principle 24(b). 287 Id. Principle
Page 524 and 525:
nl/~mtrapman/xgasten/nizw/WHODeclar
Page 526 and 527:
Commissions 31-32 (2006); U.N. Prin
Page 528 and 529:
512
Page 530 and 531:
514
Page 532 and 533:
Bachelor of Arts in political scien
Page 534 and 535:
518
Page 536 and 537:
520
Page 538 and 539:
II. Sources of International Law Ar
Page 540 and 541:
Bill of Rights.” 27 In turn, this
Page 542 and 543:
• to the highest attainable stand
Page 544 and 545:
iv. Specific Application of Interna
Page 546 and 547:
iii. The Convention against Torture
Page 548 and 549:
D. Regional Human Rights Instrument
Page 550 and 551:
(i.e., complaints) may also be sent
Page 552 and 553:
due to the national emergency. In s
Page 554 and 555:
Conventions I-IV that apply only in
Page 556 and 557:
treaties include the Convention on
Page 558 and 559:
• International Convention on the
Page 560 and 561:
U.N.T.S. 171 [hereinafter ICCPR]; I
Page 562 and 563:
114 Id. art. 25, 26. 115 Human Righ
Page 564 and 565:
201 The date following the treaty o
Page 566 and 567:
550
Page 568 and 569:
552
Page 570 and 571:
The Organization of African Unity (
Page 572 and 573:
d. Asylum from Persecution The poli
Page 574 and 575:
origin, fortune, birth or other sta
Page 576 and 577:
Notes 1 u.s. Committee for refugees
Page 578 and 579:
48 Id. art. 26. 49 1951 UN Refugee
Page 580 and 581:
564
Page 582 and 583:
566
Page 584 and 585:
Standing Mediation Committee to bri
Page 586 and 587:
May 2001 - U.N. Security Council re
Page 588 and 589:
572
Page 590 and 591:
574
Page 592 and 593:
1. Background to the TRC 2. Designa
Page 594 and 595:
Advisory Committee resources, Minne
Page 596 and 597:
as stated herein, consistent with t
Page 598 and 599:
C. Recommendations, if appropriate,
Page 600 and 601:
584
Page 602 and 603:
586
Page 604 and 605:
588
Page 606 and 607:
590
Page 608 and 609:
that rich information about the dia
Page 610 and 611:
governmental organizations, law fir
Page 612 and 613:
596
Page 614 and 615:
598
Page 616 and 617:
Table 3. Participation of Statement
Page 618 and 619:
602
Page 620 and 621:
604
Page 622 and 623:
Photo Legend Chapter One Page 1: TR
Page 624 and 625:
Page 266: Ghana’s Atlantic coast.
Page 626:
610
show all

A House with Two Rooms - The Advocates for Human Rights

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?