A House with Two Rooms - The Advocates for Human Rights

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Notes 1 u.s. Committee for refugees, world refugee survey 2008 31. 2 See 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 U.N.T.S. 171 [hereinafter ICCPR]; International Covenant on Economic, Social and Cultural Rights Preamble, G.A. Res. 2200A (XXI), U.N. Doc. A/6316 (1966), entered into force Jan. 3, 1976, 993 U.N.T.S. 3 [hereinafter ICESCR]; Convention on the Elimination of All Forms of Discrimination Against Women, G.A. Res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981 [hereinafter CEDAW]; International Convention on the Elimination of All Forms of Racial Discrimination (CERD), 660 U.N.T.S. 195, entered into force Jan. 4, 1969; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987 [hereinafter CAT]; Convention on the Rights of the Child, G.A. Res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990 [hereinafter Conv. on Rights of the Child]; and Optional Protocol to the Conv. on Rights of the Child on Children in Armed Conflict, G.A. Res. 54/263, Annex I, 54 U.N. GAOR Supp. (No. 49) at 7, U.N. Doc. A/54/49, Vol. III (2000), entered into force February 12, 2002 (providing protections to refugees who also fall within the scope of these specific treaties). 3 United Nations Treaty Collection, http:// treaties.un.org/Pages/ViewDetails. aspx?src=TREATY&mtdsg_no=V- 5&chapter=5&lang=en (last visited June 10, 2009). 4 Press Release, U.N. High Commissioner for Refugees, UNHCR Marks 50th Anniversary of U.N. Refugee Convention (July 26, 2001). 5 Id. 6 Convention relating to the Status of Refugees art. 1(A)(2), July 28, 1951, 189 U.N.T.S. 150, entered into force April 22, 1954[hereinafter 1951 Refugee Convention]. 7 Id. art. 1(F). 8 Id. art. 1(C). 560 9 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa art. 1(2), June 20, 1974, 1001 U.N.T.S. 45 [hereinafter OAU Refugee Convention]. 10 8 U.S.C. § 1101(a)(42)(A) (2008). 11 REAL ID Act, Pub. L. 109-13, 119 Stat. 231 (May 11, 2005). 12 8 U.S.C. § 1158(b)(2) (2008). 13 8 U.S.C. § 1158(c)(2) (2008). 14 OAU Refugee Convention art. 33(1). See also Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies: Addendum 25-28, U.N. Doc. HRI/GEN/1/ Rev.7/Add.1 (May 4, 2005) [hereinafter Gen. Rec. 30] (containing General Recommendation 30 of the Committee on the Elimination of Racial Discrimination, outlining specific responsibilities vis-à-vis non-citizens in the context of expulsion and deportation, including ensuring that non-citizens are not returned or removed to a country or territory where they are at risk of being subject to serious human rights abuses, including torture and cruel, inhuman or degrading treatment or punishment). 15 1951 Refugee Convention, supra note 6, art. 31(1). 16 Id. art. 32. 17 Id. art. 33(2). 18 “No person shall be subjected by a Member State to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or remain in a territory where his life, physical integrity or liberty would be threatened for the reasons set out in Article I, paragraphs 1 and 2.” OAU Refugee Convention, supra note 9, art. 2(3). 19 In contrast, the 1951 Convention provides no geographic requirement over its non-refoulement obligation. Article 33(1) of the 1951 Refugee Convention reads: No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. 1951 Refugee Convention, supra note 6, art. 33(1). This formulation has “allowed” for controversial interpretations such as that of the United State Supreme Court in Sale v. Haitian Ctrs. Council, 113 S. Ct. 2549, 125 L. (92-344), 509 U.S. 155 (1993). In Sale, the Court ruled
that interdicting Hatain refugees beyond the borders of the U.S. so that they might not enter U.S. territory and claim asylum did not violate the 1951 Convention’s Article 33 non-refoulement obligation. 20 African [Banjul] Charter on Human and Peoples’ Rights art. 12(5), June 27, 1981, OAU Doc. CAB/ LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986 [hereinafter African Charter]. See also Addis Ababa Document on Refugees and Forced Population Displacements in Africa, adopted at a 1994 OAU/UNHCR Symposium on Refugees and Forced Population Displacements in Africa (recommending that Member States “safeguard refugees against refoulement or expulsion”). 21 8 U.S.C. § 1231(b)(3) prohibits “restriction” on removal. Prior to the Illegal Immigration and Immigrant Responsibility Act of 1996, Pub. L. 104- 208, 110 Stat. 2009 (1996), this provision was known as “withholding of deportation” and continues to be referred to as “withholding” despite the change in the statutory language. 22 8 U.S.C. § 1231(b)(3)(A) (2008). 23 8 CFR § 208.16 (2009). 24 G.A. Res. 57/187, 10, U.N. Doc. A/RES/57/187 (Feb. 6, 2003) (“Strongly reaffirms the fundamental importance and the purely humanitarian and nonpolitical character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, recalls that these solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, reaffirming that voluntary repatriation remains the preferred solution, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration”). See also G.A. Res. 62(I), Refugees and Displaced Persons A/RES/62(I) (Dec. 15, 1946). 25 OAU Refugee Convention, supra note 9, art. 5(1). 26 But see id. § d. Asylum from Persecution infra (noting that while there is no customary or conventional international legal obligation to offer permanent asylum, the OAU Refugee Convention and the African Charter on Human and Peoples’ Rights do impose certain obligations upon member states to offer asylum). 27 David A. Martin, A New Era for U.S. Refugee Resettlement, 36 Colum. Hum. rts. l. rev. 299, 304- 561 Appendix C 11 (2005). 28 Id. at 307. 29 guy s. goodwin-gill, tHe refugee in internAtionAl lAw 219 (1983); Martin, supra note 27, at 309. 30 goodwin-gill, supra note 29, at 119. 31 goodwin-gill, supra note 29, at 107 (noting that the 1951 Refugee Convention imposes no conventional obligation upon States Parties to provide asylum and observing that while states do grant asylum in individual cases, this is not done out of a sense of legal obligation and therefore fails to rise to the level of customary international law). 32 But see 1951 Refugee Convention, supra note 6, art. 34 (encouraging states to facilitate the assimilation and naturalization of refugees within their territory and to reduce as far as possible the costs of such processes). 33 OAU Refugee Convention, supra note 9, art. 2(1). 34 African Union, List of Countries that have Signed, Ratified/Acceded to the African Charter on Human and Peoples’ Rights 2 (Jan. 28, 2009), http://www. africa-union.org/root/au/Documents/Treaties/ List/African%20Charter%20on%20Human%20 and%20Peoples%20Rights.pdf (last visited April 20, 2008). 35 8 U.S.C. § 1158(a)(1) (2008). 36 See, e.g. 8 U.S.C. § 1158(a)(2)(2008) (providing exceptions to asylum eligibility for those who pass through a safe third country, fail to file for asylum within one year of arrival in the U.S., or who have previously applied for asylum); 8 U.S.C. § 1158(b) (2)(A)(2008) (providing that aliens who have participated in persecution of others, have been convicted of a particularly serious crime, are a danger to the security of the U.S., are inadmissible due to terrorist activities, and are firmly resettled in another country may not apply for asylum). 37 1951 Refugee Convention, supra note 6, art.16. 38 Id. art. 22(1). 39 Id. art. 23 40 Id. art. 24. 41 Id. art. 20. 42 Id. art. 13. 43 Id. art. 15. 44 Id. art. 17. 45 Id. art. 18. 46 Id. art. 21. 47 Id. art. 22(2).
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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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• 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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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 546 and 547: iii. The Convention against Torture
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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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Page 608 and 609: that rich information about the dia
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