A House with Two Rooms - The Advocates for Human Rights

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check on the government and a support to democracy. 21 Statement givers stressed the importance of the protection of a free and independent media to Liberia’s future. Throughout Liberia’s history, the Liberian government has exerted significant ownership over the media, and achieving a sustainable private media has been a struggle. Political influence and ties must be broken before the media can truly achieve independence. Statement givers from Rhode Island to London to Ghana were in agreement that rebuilding both physical and human capital must be a top priority in Liberia. Those items that topped the priority list included roads (specifically those between the rural areas and Monrovia), 22 the health system (specifically more facilities equally distributed through the counties), 23 and the education system (specifically free education) 24 Electricity was also mentioned consistently, although somewhat less often than the other three. 25 Finally, sanitation, including clean drinking water and available toilets, was also mentioned by statement givers, as was rebuilding the agricultural sector. 26 Statement givers highlighted the close links between education, infrastructure, and development in their recommendations. One statement giver remarked that “if you increase human capital in Liberia by improving the minds of the people there, infrastructure and all else will come as a result.” 27 Statement givers were clear in their desire for an end to impunity for human rights and humanitarian violations that took place in Liberia. No consensus emerged, however, on what type of punitive measures should be put into place. Statement givers’ opinions covered the full range, from apologies to lustration to a war crimes court. Statement givers were, nevertheless, acutely aware of the complexities of trying to apply these measures on a large scale. Many in the diaspora, especially those in the United States, feel that effective prosecutions are a critical anti-impunity measure. 28 Opinions about who should be prosecuted and under whose authority varied. Other statement givers told the TRC they had concerns that prosecutions were impractical and would “open old wounds.” 29 This view was more prevalent in Ghana than in the United States or the United Kingdom. For example, one statement giver in Ghana noted that there “can’t be prosecutions because everyone participated.” 30 Regardless of the statement giver’s opinion on prosecutions, one consistent theme was that perpetrators should tell the truth of what they did, apologize, and ask for forgiveness. 31 Whether through prosecution, reparation, or apology and forgiveness, Liberians across the diaspora recognized the need for reconciliation and healing the wounds of the Liberian nation. Based on the emergent themes in TRC statements from the diaspora, The Advocates has compiled a comprehensive list of recommendations based on international human rights standards. The Advocates envisions that these will provide a foundation from which the TRC can draw insight for its own recommendations to the government of Liberia. 18
Notes 1 TRC Diaspora Statement Rec. 493. 2 Liberians use the term “diaspora” to describe those living outside of Liberia who still consider themselves to be Liberians. 3 TRC Diaspora Statement Rec. 366. 4 Stephen C. Lubkemann, Remittance Relief and Not- Just-for-Profit Entrepreneurship: The Case of Liberia, in Diasporas & Development: Exploring the Potential 45-66 (Jennifer M. Brinkerhoff ed. 2008). 5 TRC Diaspora Statement Recs. 16, 1598. 6 E.g., TRC Diaspora Statement Rec. 1419. 7 See, e.g., TRC Diaspora Statement Recs. 396, 618. 8 TRC Diaspora Statement Recs. 138, 411, 1556, 396. 9 TRC Diaspora Statement Rec. 1412; TRC Diaspora Statement Rec. 980. 10 TRC Diaspora Statement Rec. 921; TRC Diaspora Statement Rec. 1680. 11 See U.N. Country Team, Common Country Assessment for Liberia: Consolidating Peace and National Recovery for Sustainable Development, at 19 (June 2006), http://www.lr.undp.org/CCA%20 28%20July%20FINAL%20FULL%20SMALL.pdf. 12 TRC Diaspora Statement Rec. 1294. 13 TRC Diaspora Statement Recs. 40, 64, 222, 230, 440, 1017, 1302, 1452, 1461, 1467, 1482, 1529. 14 TRC Diaspora Statement Rec. 1559; see also TRC Diaspora Statement Recs. 166, 1098. 15 See, e.g., TRC Diaspora Statement Recs. 118, 435. 16 TRC Diaspora Statement Rec. 119. 17 E.g., TRC Diaspora Statement Recs. 23, 180, 520, 1473. 18 E.g., TRC Diaspora Statement Recs. 119, 199, 284, 369, 60, 509, 747, 823, 983, 1352, 1556, 1604, 1685. 19 E.g., TRC Diaspora Statement Recs. 86, 119, 1461, 1647, 1743 20 E.g., TRC Diaspora Statement Rec. 1646. 21 See generally, e.g., TRC Diaspora Statement Recs. 902, 904. 22 E.g., TRC Diaspora Statement Recs. 44, 47, 123, 208, 209, 215, 217, 386, 389, 404, 588, 741,781, 834, 1366, 1369, 1435, 1476, 1702, 1028, 1137. 23 TRC Diaspora Statement Recs.123, 781, 1028, 119. 19 Chapter One 24 TRC Diaspora Statement Recs. 44, 123, 1028, 119. 25 TRC Diaspora Statement Recs. 32, 221, 363, 404, 415, 505, 544, 588, 594, 741, 784, 909, 1028, 1135, 1137, 1293, 1303, 1341, 1346, 1366, 1478, 1510, 1530, 1736. 26 TRC Diaspora Statement Recs. 263, 541,733, 781, 813, 909, 1039, 1081, 1135, 1137, 1268, 1346, 1510. 27 TRC Diaspora Statement Rec. 448. 28 E.g., TRC Diaspora Statement Recs. 63, 106, 114, 117, 228, 393, 790, 781, 798, 865, 908, 1297, 1403, 1436, 1479, 1555, 1598, 1681. 29 TRC Diaspora Statement Rec. 1218; see also TRC Diaspora Statement Recs. 1535, 329, 356, 403, 474. 30 TRC Diaspora Statement Rec. 259. 31 TRC Diaspora Statement Recs. 16, 25, 41, 322, 327, 527, 919, 995, 1116, 1172, 1203, 1241, 1287, 1514, 1525, 1551.
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 and 10: The Return 374 Chapter Fourteen. Re
Page 11 and 12: Lindquist & Vennum LLP Maslon Edelm
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: Addressing the legacy of conflict t
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
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chickens, food, animals, and things
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televangelist Pat Robertson’s Fre
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33 The palava hut is a traditional
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Special Court for Sierra Leone, htt
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Press Secretary to Samuel K. Doe, i
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see also Herman J. Cohen, Assistant
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81 Chapter Five Human Rights Abuses
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military to shoot the mostly indige
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Human rights violations reported du
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around, all derisively gazing at th
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soldiers reportedly engaged in loot
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eleased. 63 Checkpoints and Curfews
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In 1984, this statement giver himse
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dorms and raped for several days be
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Ethnic Targeting Doe’s revenge ag
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and stripping billboards of Doe. 14
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government were another step on Lib
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34 The statement giver’s father d
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108 Adewale Maja-Pearce, The Press
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108
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110
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all groups committed human rights v
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faction for companionship and prote
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Statement givers noted the rewards
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We were on the road and some rebels
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Combatants used other methods to co
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BBC was careful not to broadcast di
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42 See TRC Diaspora Statement Recs.
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126
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128
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methods condoned, encouraged, or ev
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“Starvation of civilians as a met
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where there was “a wall running w
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were Kru, Sarpo, Lorma, or Bassa du
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plastic and my sister’s fingers w
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If you are a man and wear a red T-s
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Those responsible for the detention
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We didn’t want to leave Monrovia.
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The terroristic impact of the killi
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his bare hand and because of that,
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okered peace accords, 195 disarmame
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the woman was from. She replied tha
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Doe’s body for political reasons.
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Another statement giver stated that
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iSe of other factionS The years bet
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Statements and secondary sources re
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One day some men from the LPC came
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epresentatives selected by the vari
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families, 409 killing, 410 and seek
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Statements revealed that ECO-MOG pl
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Notes 1 stePHen ellis, tHe mAsk of
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96 TRC Diaspora Statement Rec. 1354
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Every Car Or Moving Object Gone: Th
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Page 194 and 195:
Report.aspx?ReportId=57838 (last vi
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180
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182
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Liberian treasury and had plenty of
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group supported by Guinea and forme
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homes and in public. A statement gi
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of being beaten while in detention.
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an informant, but was never brought
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Acts, such as murder, extermination
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publisher. After that, the reporter
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97 Children and Armed Conflict, sup
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200
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202
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Estimates of the number of child so
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ex-combatants interviewed by Human
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of the conflict, but in 1996, lost
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Use of Child Soldiers National Patr
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that they were never paid and relie
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He thought the commanders provided
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Some former child soldiers acknowle
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Another statement giver credited a
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21 Promises of Peace, supra note 7
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224
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226
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The statute creating the TRC also r
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Legal Systems The division of Liber
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of regulated labor. According to th
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the young woman that “trading sex
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context, but rather is a violation
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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
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The rebel who raped me was named An
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I was befriended by an elderly woma
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through the destruction of familial
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community displacement, as well as
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eceive adequate treatment following
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Notes 1 U.N. Div. for the Advanceme
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University (Sept. 23, 2008) (noting
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(transcript on file with the author
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204 Id. 205 See U.N. Country Team,
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262
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264
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egime, Libyans had also established
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Taylor. Côte d’Ivoire’s combin
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Endemic corruption during the civil
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A final complicating factor in the
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Liberia was the largest producer of
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at 4 (Nov. 2003), http://www.issafr
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certificates of origin from Liberia
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119 Liberia - UNOMIL Background, Au
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282
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284
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national seal with the motto “The
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government, the U.S. Navy sent two
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Nevertheless, diplomatic officials
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and shootings that resulted in deat
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intervene and that we didn’t do i
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$525,000 on June 21, 2000 and the s
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87 TRC Diaspora Statement Rec. 707.
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300
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302
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families fled to avoid attack when
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homes. One statement giver describe
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Everyone Scattered When the rebels
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abies and ran to the bush as fast a
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helped me and paid for everything.
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Liberians engaged in an array of ta
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compound was later forced to go to
Page 334 and 335:
Physically crossing the border was
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One statement giver who escaped Lib
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Guinea, and Côte d’Ivoire, and r
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statement givers as the reason they
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were rounded up and held in “conc
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change left many who arrived in Bud
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This leads [him] and others to use
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[A], you’re still living. We will
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here with my children and step-chil
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families are now leaders in governm
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Refugees entering the United States
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Some asylum seekers have been unabl
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life after reSettlement The length
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plane tickets, which we would later
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“Even your younger brother will t
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in a university. We are looked at a
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given rise to problems within the h
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y learning the material. 413 Additi
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Liberians also reported concerns ab
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For example, foreign medical profes
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association websites in the United
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matter, for-profit businesses), cer
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yet typical, trauma by the time the
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actually moved out of state. I know
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inter-tribal mixing occurs than eve
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A researcher interviewing Liberians
Page 386 and 387:
Several statement givers and interv
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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
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ehind the back, tied at the elbow s
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Refugee Registration, UNHCR news st
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had arrived after 2003 were allowed
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266 Id. 267 Id. 268 Id. 269 TRC Dia
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Liberians “(1)who are ineligible
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Women’s Association (MAWA), Minne
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Kingdom (Sept. 29, 2008) (describin
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Anner, Sept. 4, 2008, http://www.ba
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552 See, e.g., Assoc. Press, Liberi
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614 See Nina Glick Schiller, Long-D
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398
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400
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liBeria’S international legal oBl
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• Protocol on the Statute of the
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include suggestions for making the
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• Given the extent of the Liberia
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While such programs are important f
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• The Government of Liberia shoul
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on the Rights and Welfare of the Ch
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young persons, without discriminati
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education, such as adult literacy c
Page 436 and 437:
person’s choice, the government s
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are accessible to vulnerable popula
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Potential Implementation Strategy:
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the victims concerned where the con
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identified by the Liberia Refugee R
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Personal Integrity & Dignity: The R
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Personal Integrity & Dignity: Prohi
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treatment appropriate to their stat
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Security Sector Potential Implement
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Security Sector: Combating Extra-Le
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investigation will be initiated. In
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• Continuous training in the prov
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• Ensuring that the government do
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o incorporates capacity building of
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ut also retain the benefits to the
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emoved. Civil Claims • The Govern
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Section vi. economic, Social, and c
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or injury. 308 • The Government o
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field of education and, in particul
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Healthcare the personal and cultura
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society to mental health issues and
Page 482 and 483:
Page 484 and 485:
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situations of armed conflicts or of
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encourage research on the causes, n
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ecognition. 393 • The Government
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men; • The Government of Liberia
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of national institutions for protec
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Recommendations to the Internationa
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financing of reasonable buffer stoc
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Section ix. recommendationS related
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the United States Government take t
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Asylee-Refugee Parity Liberian refu
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• The United States Government sh
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to ensure that Liberians are able t
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concluSion The Liberia TRC Diaspora
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Notes 1 An Act to Establish the Tru
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66 Convention on the Rights of the
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156 Id. Principle 15.2. 157 Convent
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231 by the Minnesota Lawyers Intern
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Principle 24(b). 287 Id. Principle
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nl/~mtrapman/xgasten/nizw/WHODeclar
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Commissions 31-32 (2006); U.N. Prin
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512
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514
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Bachelor of Arts in political scien
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518
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520
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II. Sources of International Law Ar
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Bill of Rights.” 27 In turn, this
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• to the highest attainable stand
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iv. Specific Application of Interna
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iii. The Convention against Torture
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D. Regional Human Rights Instrument
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(i.e., complaints) may also be sent
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due to the national emergency. In s
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Conventions I-IV that apply only in
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treaties include the Convention on
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• International Convention on the
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U.N.T.S. 171 [hereinafter ICCPR]; I
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114 Id. art. 25, 26. 115 Human Righ
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201 The date following the treaty o
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550
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552
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The Organization of African Unity (
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d. Asylum from Persecution The poli
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origin, fortune, birth or other sta
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Notes 1 u.s. Committee for refugees
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48 Id. art. 26. 49 1951 UN Refugee
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564
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566
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Standing Mediation Committee to bri
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May 2001 - U.N. Security Council re
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572
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574
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1. Background to the TRC 2. Designa
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Advisory Committee resources, Minne
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as stated herein, consistent with t
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C. Recommendations, if appropriate,
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584
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586
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588
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590
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that rich information about the dia
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governmental organizations, law fir
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596
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598
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Table 3. Participation of Statement
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602
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604
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Photo Legend Chapter One Page 1: TR
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Page 266: Ghana’s Atlantic coast.
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610
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