A House with Two Rooms - The Advocates for Human Rights

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• International Convention on the Suppression and Punishment of the Crime of Apartheid (1976) Liberia has signed the following treaties and conventions: • Optional Protocol to the International Covenant on Civil and Political Rights (2004) • Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (2004) • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (2004) • Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2004) • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2004) • Convention on the Rights of Persons with Disabilities (2007) • Optional Protocol to the Convention on the Rights of Persons with Disabilities (2007) • Protocol of the Court of Justice of the African Union (2003) • Protocol to the African Charter on Human And Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (1998) • Convention on the Political Rights of Women (1953) • African Youth Charter (2008) • African Charter on Democracy, Elections and Governance (2008) VI. Conclusion Read together, IHRL and IHL require that the following rights be afforded to Liberians at all times: the right to life, the prohibition of slavery and servitude, the prohibition of torture and inhumane treatment, and the prohibition of any retroactive application of the law. In addition, the specific treaties above may provide additional rights to Liberians in certain circumstances. For example, during times of internal armed conflict, the core provisions of IHRL apply to Liberia, but other provisions of IHL also apply and can provide greater protection of individual liberties. For further details on the specific application of instruments of IHRL and IHL, the relevant treaty, convention, or protocol should be consulted, and international case law, where available, should be used to inform the reading of IHRL and IHL instruments. 542
Notes 1 iAn brownlie, PrinCiPles of PubliC internAtionAl lAw 3 (4th ed. 1990). 2 U.N. Charter arts. 92-96 (establishing the Int’l Court of Justice); Statute of the International Court of Justice art. 38, as amended June 26, 1945, 1031 U.N.T.S. 993 (entered into force Oct. 24, 1945) [hereinafter ICJ Statute]. 3 ICJ Statute, supra note 2, art. 38. 4 A convention or covenant is a formal written agreement between states. 5 Protocols often modify other international agreements and are less formal than a convention or treaty. 6 U.N. Office of the High Comm’r for Human Rights, Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 7 (2003) [hereinafter “Human Rights in Administration of Justice”]. 7 Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. 8 The instruments of acceptance or approval of a treaty have the same legal effect as ratification and consequently express the consent of a state to be bound by a treaty. In the practice of certain states acceptance and approval have been used instead of ratification when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. 9 Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification. Human Rights in Administration of Justice, at 7. 10 brownlie, supra note 1, at 12. 11 Id. 12 Human Rights in Administration of Justice, supra note 6, at 7. 13 Id. at 8; brownlie, supra note 1, at 12. 14 Human Rights in Administration of Justice, supra note 6, at 8; North Sea Continental Shelf Cases (F.R.G. v. 543 Appendix B Den., F.R.G. v. Neth.), 1969 I.C.J. 4, 77 (Feb. 20, 1969). 15 Continental Shelf 74. 16 Military and Paramilitary Activities (Nicar. v. U.S.), 1986 I.C.J. 14, 207 (June 27, 1986) (quoting Continental Shelf, 77). 17 Human Rights in Administration of Justice, supra note 6, at 10. 18 Id. at 11. 19 Id.; brownlie, supra note 1, at 15-16, 19. 20 Human Rights in Administration of Justice, supra note 6, at 11. 21 Id. at 12. 22 Id. Brownlie also cautions that the writings of publicists must be used with care but states that these “opinions . . . are used widely.” brownlie, supra note 1, at 25. 23 U.N. Charter Preamble. 24 Id. art. 1(3). Other U.N. Charter provisions referencing human rights include articles 13(1)(b), 55(c), 62(2), 68, and 76(c). 25 Id. arts. 56, 55(c). 26 Thomas Buergenthal, The Evolving International Human Rights System, 100 Am. j. int’l l. 783, 786–87 (2006). 27 Id. at 787; Universal Declaration of Human Rights, G.A. Res. 217A, at 71, U.N. GAOR, 3d Sess., 1st plen. mtg., U.N. Doc. A/810 (Dec. 10, 1948) [hereinafter UDHR]. 28 Human Rights in Administration of Justice, supra note 6, at 3. 29 Id. 30 U.N. Int’l Conference on Human Rights, Apr. 22 - May 13, 1968, Final Act of the International Conference on Human Rights, 3, U.N. Doc. A/CONF. 32/41 (May 13, 1968), http://www1.umn.edu/humanrts/ instree/l2ptichr.htm. 31 Concerning United States Diplomatic and Consular Staff in Tehran (U.S. v. Iran), 1980 I.C.J. 3, 91 (May 24, 1980). 32 UDHR, supra note 27, arts. 2, 3. 33 Id. arts. 4, 5, 7, 9, 11(2), 13, 17(2). The UDHR also prohibits other practices. 34 Id. arts. 6, 8, 10, 11, 14(1), 15, 16, 18–23, 25, 26. The UDHR also recognizes other rights. 35 Id. Preamble. 36 Id. art. 29(2). 37 International Covenant on Civil and Political Rights Preamble, G.A. Res. 2200A (XXI), U.N. Doc. A/6316 (1966), entered into force Mar. 23, 1976, 999
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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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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
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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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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
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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
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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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Page 532 and 533: Bachelor of Arts in political scien
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Page 538 and 539: II. Sources of International Law Ar
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Page 570 and 571: The Organization of African Unity (
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Page 592 and 593: 1. Background to the TRC 2. Designa
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that rich information about the dia
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governmental organizations, law fir
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Table 3. Participation of Statement
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602
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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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