A House with Two Rooms - The Advocates for Human Rights

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Personal Integrity & Dignity: Prohibition of Slavery Despite a clear prohibition of slavery in Liberia’s constitution, 187 Liberia’s history includes documented forced labor, slavery-like practices, 188 as well as a “ward” system.” 189 In addition, factions during the civil war employed forced recruitment, forced labor, and sexual slavery. As a result, the Government of Liberia must adopt an effective anti-slavery regime including national legislation, policy, and programming. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; and the International Covenant on Civil and Political Rights provide a guiding framework on the elimination of slavery and involuntary servitude. The Advocates recommends the following: • The Government of Liberia should take all practicable and necessary legislative and other measures to abolish the following institutions and practices where they still exist and whether or not they are covered by the definition of slavery contained in Article 1 of the Slavery Convention signed at Geneva on 25 September 1926: o Debt bondage; 190 o Serfdom; 191 o Any institution or practice whereby: A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family, or any other person or group; or The husband of a woman, his family, or his clan has the right to transfer her to another person for value received or otherwise; or On the death of her husband, a woman is liable to be inherited by another person; o Any institution or practice whereby a child or young person under the age of 18 years is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of the child’s labor. 192 • The Government of Liberia should support Economic Community of West African States (ECOWAS) initiatives to continue to establish legal and regulated migration between countries in the sub-region. 193 • In consideration of the fact that modern forms of slavery are directly related to poverty, the international community must fully support Liberia’s plans for poverty eradication with funding, technical, and logistical support. 432
Administration of Justice Liberians in the diaspora expressed important concerns about the Liberian judicial system’s ability to provide access to justice for all Liberians, including equality before the law, the right to due process of law, the presumption of innocence, and protection against self-incrimination. In addition to core human rights treaties, the following documents provide a guiding framework for the effective promotion and protection of the rights to a remedy, due process, and equal protection of the law: • U.N. Basic Principles on the Independence of the Judiciary, • Basic Principles on the Role of Lawyers, • Guidelines on the Role of Prosecutors, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, • U.N. Standard Minimum Rules for the Administration of Juvenile Justice, and findings from relevant monitoring bodies. Administration of Justice: Safeguards in Criminal Proceedings In order to comply with the Liberian constitution as well as its international legal obligations, the Government of Liberia must ensure that: • No one is subjected to arbitrary arrest or detention and no one is deprived of his or her liberty except as in accordance with established law. 194 • Anyone who is arrested is informed at the time of arrest of the reasons for the arrest and is promptly informed of any charges. 195 • Anyone arrested or detained on a criminal charge is brought promptly before a judge or other officer authorized by law to exercise judicial power and is entitled to trial within a reasonable time or to release. It should not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment. 196 • Anyone who is deprived of his or her liberty by arrest or detention is entitled to take proceedings before a court, so that court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful. 197 • Anyone who has been the victim of unlawful arrest or detention has an enforceable right to compensation. 198 • All persons deprived of their liberty are to be treated with humanity and with respect for the inherent dignity of the human person. 199 • Accused persons should be segregated from convicted persons and are subject to separate 433 Chapter Fourteen
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A House with Two Rooms Final Report
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This report is dedicated to the peo
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The Advocates for Human Rights The
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Table of contents Acknowledgments x
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The Return 374 Chapter Fourteen. Re
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Lindquist & Vennum LLP Maslon Edelm
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Finally, The Advocates thanks our i
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Table of Acronyms ACANA African Cul
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3 Chapter One. Executive Summary Al
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also spoken. Liberia was partly sha
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The concentration of state power am
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factions as they emerged to contest
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thirteen years old. They dragged he
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or guiding children and others who
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are extremely high, but the realiti
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Addressing the legacy of conflict t
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Notes 1 TRC Diaspora Statement Rec.
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Priority Recommendations at a Glanc
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(UNHCR) should ensure that any repa
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individuals personally responsible
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eflect its history and people. Such
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31 Chapter Two
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hiStory and goalS Chapter Three. Di
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Commissioner Massa Washington, who
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39 Chapter Three Many national trut
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41 Chapter Three The TRC Diaspora P
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The majority of TRC statements from
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45 Chapter Three The report authors
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taking and is available for viewing
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geography and peopleS 1 Liberia is
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key featureS of liBerian culture Li
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Liberian settler politics from 1883
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President Tolbert. 76 Tolbert was a
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peace, security, unity and reconcil
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practices as superior to practices
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would have to make concessions to i
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statement giver reported how his ne
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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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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
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One statement giver described an at
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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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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
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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
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Several statement givers and interv
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Alliance of Liberia (PAL), and the
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After the establishment of peace in
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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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Page 418 and 419: liBeria’S international legal oBl
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Page 430 and 431: on the Rights and Welfare of the Ch
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Page 436 and 437: person’s choice, the government s
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Page 442 and 443: the victims concerned where the con
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Page 446 and 447: Personal Integrity & Dignity: The R
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Page 472 and 473: Section vi. economic, Social, and c
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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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