The former Pro Tempore of the Liberian Senate, Prof. Albert Chie, has brought the attention of his colleagues and the Liberian populace to a twenty-two page report, in which the Liberian Senate advised then President George Manneh Weah, as he requested earlier in a communication to the body, on how to proceed with the implementation of the report of the Truth and Reconciliation Commission (TRC).
According to Senator Chie, instead of opting for the establishment of a war and economic crimes court, the Senate advised that, in line with one of the recommendations of the TRC, the President of Liberia should offer an apology on behalf of the state to the many victims and the people of Liberia in general for its role in the conflict and for the injuries and losses sustained by individuals and communities.
The Grand Kru County Senator further noted that the report advised that the government should, without further delay, set up a Reparation Trust Fund for victims and communities worst affected by the conflict, to benefit through direct financial assistance or through development programs and projects.
Also, he said, it was advised that the National Palava Hut Program and other programs for national healing, peace building and reconciliation aimed towards restorative justice, started by the government of former President Ellen Johnson-Sirleaf, be recommenced.
Senator Chie’s comments were contained in a two-page letter addressed to the Pro Tempore, Nyonblee Karnga-Lawrence, and members of the Liberian Senate, with subject, “Other National Obligations in Closing the Final Chapter of the Liberian Civil Crisis”.
The statement comes in the wake of President Joseph N. Boakai endorsing and initiating processes for the establishment of a war and economic crimes court. President Boakai, in early February invited the Chief Investigator of the Special Court for Sierra Leone, Dr. Allen White, and recommitted to his resolve to establish the court, and Dr. White pledged to help his administration in achieving the goal.
Since then, the war crimes court initiative has been gaining momentum, with the House of Representatives signing and endorsing a resolution for the establishment of the court.
However, Senator Chie has swiftly reminded his colleagues that, in their advice to the former President, the Senate indicated that the call for the establishment of an extraordinary criminal tribunal for war and economic crimes committed during the period of the civil conflict must be examined within the context of the implication of the Constitution, laws and processes to determine their compatibility and feasibility of establishing such a tribunal.
He said the document pointed out that Constitutional and other legal prohibitions may not easily permit the establishment of said criminal tribunal for war crimes on Liberian soil, most especially that Liberia acceded to the Rome Statue after the end of the civil war. The erudite professor of engineering further noted that the Senate’s recommendation indicated that domestic economic crimes committed during the period of the civil crisis can only be adjudged and litigated in domestic criminal courts under Liberia’s domestic jurisprudence, and cannot be a subject of an international criminal tribunal. This is besides the fact that statute of limitations have since tolled, in accordance with the laws of Liberia.
The lawmaker then implored the plenary of the Liberian Senate to mandate the requisite budgetary appropriations, beginning with the 2024 national budget, to facilitate the implementation of the above tasks by the President of Liberia.
“Distinguished colleagues, while the Senate awaits His Excellency Joseph Nyuma Boakai to seek its opinion on the feasibility of establishing a criminal tribunal for us to have our say for the second time, my communication is intended to draw our attention to the expediency and imperativeness of the Presidential apology, the setting up of the Reparation Trust Fund, continuation of the Palava Hut and other national healing and reconciliation programs and the implementation of activities which will bring economic benefits to victims and worst affected communities in the civil crisis.
“In respect of the foregoing, I kindly request that plenary authorizes the Senate Secretary to communicate to the President of Liberia to, within a reasonable timeframe, offer said state apology, set up the Trust Fund, restart the Palava Hut Program and commence the implementation of development projects in the highly victimized communities.