A House with Two Rooms - The Advocates for Human Rights

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as stated herein, consistent with the expressed goals of the Project. Statements may be given anonymously and in which case they will be distinguishable in the report and recorded to preserve the identity of the anonymous statement giver from public disclosure. 10. Professional Responsibility The majority of the volunteer statement takers for the Project, and of the professional staff at Minnesota Advocates, are lawyers or paralegals. These individuals are providing their services to the Project as a matter of public service, and are not acting as attorneys for any particular individuals or entities in connection with this Project. In particular, none of the statement givers are the clients of any of the statement takers, and the statement givers will be so informed. If the statement givers have a need for legal services, the statement takers may refer them to appropriate resources. The statement takers will agree, as a condition to going forward on the Project, that they will not accept the representation of any statement giver as a result of the statement taking process. In addition, neither Minnesota Advocates, nor the law firms contributing resources to the Project, nor the individual statement takers and other volunteers, are acting as attorneys for the TRC or any of its members. The Project is undertaken entirely as a service to the public and to the people of Liberia. 11. Liability Neither party to this Memorandum intends that the other party shall incur any liability as a result of its participation in the Project. To the maximum extent allowed by law, the TRC and Minnesota Advocates mutually release and forever discharge each other, and the Project volunteers and their law firms, of and from any and all claims and lawsuits arising from or in any way connected to their activities connected with the Project. The mutual releases set forth in this paragraph specifically apply to claims that one entity was negligent or otherwise at fault, to the maximum extent allowed by applicable law. The mutual indemnifications shall be applicable to claims by either party that one party is negligent or otherwise at fault. 580
Responsibilities to third parties, if any, shall be assessed according to applicable law. If any portion of this paragraph is deemed unenforceable as a matter of law or public policy, the remainder of the obligations hereunder shall remain in full force and effect. This paragraph 11 of this Memorandum of Understanding shall be interpreted in accordance with the law of the State of Minnesota. 12. Funding The TRC and Minnesota Advocates will each be responsible for the funding of its own activities contemplated in this Memorandum, and neither will have any responsibility to fund the other, absent subsequent agreement. 13. Data Base The data base generated or created by the project is solely for the benefit of the TRC and shall be owned by it. Minnesota Advocates will not share it or distribute it to third parties without the prior consent of the TRC. Best efforts will be made to make the data base compatible with the corresponding data base used by the TRC for statements taken in Liberia, including consistency of coding to the extent possible. Upon submission of the Report, the data base will be provided in its entirety to TRC, with a copy retained by Minnesota Advocates under such terms and conditions as the parties may further agree, provided however that Minnesota Advocates will always preserve the confidentiality of the identifying information in the data base, to the best of its ability under applicable law. 14. Reports Regular reports including quarterly reports on the project performance will be made to TRC at least one week prior to the end of any particular quarter. The Final Report on the Project shall address the following: A. Description of Project processes and activities; B. Factual findings, based on thematic and public hearings, community seminars, recommendations and analysis of witness statements, concerning occurrences of and responsibilities for human rights abuses within the scope of the TRC’s work; 581 Appendix E
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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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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
Page 546 and 547: iii. The Convention against Torture
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Page 554 and 555: Conventions I-IV that apply only in
Page 556 and 557: treaties include the Convention on
Page 558 and 559: • International Convention on the
Page 560 and 561: U.N.T.S. 171 [hereinafter ICCPR]; I
Page 562 and 563: 114 Id. art. 25, 26. 115 Human Righ
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Page 570 and 571: The Organization of African Unity (
Page 572 and 573: d. Asylum from Persecution The poli
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Page 576 and 577: Notes 1 u.s. Committee for refugees
Page 578 and 579: 48 Id. art. 26. 49 1951 UN Refugee
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Page 584 and 585: Standing Mediation Committee to bri
Page 586 and 587: May 2001 - U.N. Security Council re
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Page 592 and 593: 1. Background to the TRC 2. Designa
Page 594 and 595: Advisory Committee resources, Minne
Page 598 and 599: C. Recommendations, if appropriate,
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Page 602 and 603: 586
Page 604 and 605: 588
Page 606 and 607: 590
Page 608 and 609: that rich information about the dia
Page 610 and 611: governmental organizations, law fir
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Page 616 and 617: Table 3. Participation of Statement
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Page 620 and 621: 604
Page 622 and 623: Photo Legend Chapter One Page 1: TR
Page 624 and 625: Page 266: Ghana’s Atlantic coast.
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