‘Bring Hard Justice’: Liberia Civil War Survivors Welcome War Crimes Court
21 Years After Liberia Conflict, President Boakai Signs an Order Promising the Establishment of a War Crimes Court in Efforts to Bring Justice to the Civil War Survivors. ‘Bring hard justice’: Liberia Civil War Survivors Welcome War Crimes Court.
SOURCE: ALJAZEERA
President Joseph Boakai signs an order promising the establishment of a war crimes court in efforts to bring justice 21 years after the conflict
21 Years After Liberia Conflict, President Boakai Signs an Order Promising the Establishment of a War Crimes Court in Efforts to Bring Justice to the Civil War Survivors.
By Dounard Bondo | 18 June 2024
In a photo taken during the second civil war in 2003, a Liberian child soldier carries a gun in Monrovia [Nic Bothma/EPA]
Monrovia, Liberia – Rufus Katee, 60, remembers Liberia’s civil wars well.
It was July 1990 when the then-26-year-old ran to escape the fighting between armed groups and soldiers in the capital, Monrovia. He fled to St. Peter’s Lutheran Church in search of safety.
“There were a lot of civilians who took refuge in the church. But I didn’t know I was going for my suffering,” Katee said, recalling the harrowing events that followed.
“Soldiers came to the church in the night and started shooting. Once it started, I dropped to the floor, but the people they killed were dropping over me, and they covered me. That’s how I survived,” he told Al Jazeera.
Katee broke his hip in the attack and, decades on still suffers pain because of it.
An estimated 600 people were killed that night, and many more survivors suffered physical and mental injuries that have lingered for years.
The attack was just one of thousands that took place during Liberia’s two civil wars from 1989 to 2003, years of untold violence during which a quarter of a million people were killed.
In a photo from April 1996, armed groups fight in the streets of Monrovia [Patrick Robert/Sygma via Getty Images]
Numerous other atrocities also took place, including rape and sexual violence, mutilation and torture.
Much of the violence was perpetrated by rebels as well as the Liberian army and militias that included child soldiers.
Yet, decades on, Liberia has not prosecuted anyone for the crimes and rights violations that took place.
Now that could finally change.
War crimes court
Last month, President Joseph Boakai issued an executive order establishing the office of a war crimes court.
Many welcomed the move, which they said was long overdue. However, others are concerned it could reopen old wounds and raise tensions after compromises were made to secure peace.
The lack of prosecution of perpetrators for 21 years has largely been a result of a lack of political will, experts told Al Jazeera, which is partly due to the influence of individuals who were involved in the wars and who now wield political power.
At the end of the civil wars, slots in Liberia’s interim government were divided among warring factions who inserted their members or proxies in these positions.
Additionally, political alliances have become integral in Liberia’s elections because the political system requires an absolute majority to win the presidency. As a result, every post-war president has since allied with influential figures, many of whom took part in the wars.
“Liberia’s delay in prosecuting its war criminals is due in part to political will and the complex nature of power-sharing,” explained Aaron Weah, a Liberian doctoral candidate at Ulster University’s Transitional Justice Institute.
“The 2003 peace agreement signed in Accra that helped bring an end to the war gave political power to people that were fighting. When elections came as well, the government had these former war actors in power, so it was difficult for them to prosecute themselves or implement the 2009 TRC [Truth and Reconciliation Commission] recommendations,” he said.
‘Death squads’ from Liberia’s military were responsible for committing massacres during the civil war [File: Patrick Robert/Sygma via Getty Images]
Conmany Wesseh, a former senator, minister, and civil society leader, was involved in negotiating the 2003 peace agreement.
“During negotiations for the peace deal to end the war, we weren’t making progress because the warring parties did not want to sign the peace agreement,” he told Al Jazeera. “It was only when we agreed that the way to go was a truth and reconciliatory commission as used in South Africa [after apartheid ended] instead of a war crimes court, that was when they signed.”
“There was no victor,” he added, “there was a peace agreement that allowed for compromises so as to stop the war and the killing, and this has allowed us to keep the peace for 21 years.”
Palava huts
In 2005, the Transitional Legislature at the time established the TRC of Liberia with a mandate that included investigating human rights abuses committed during the war, providing a forum to address issues of impunity, and recommending measures to be taken for the rehabilitation of survivors in the spirit of national reconciliation and healing with the objective of promoting national peace, security, unity, and reconciliation.
In 2009, the TRC issued its final report, recommending the establishment of an Extraordinary Criminal Court for Liberia to try gross human rights violations, reparations for victims, and disbarring certain individuals from holding office, including Ellen Johnson Sirleaf, the president at the time.
The court, however, was never established despite campaigns from civil society and promises by previous governments.
Instead, the country has settled for non-prosecutorial forms of justice through its National Palava Hut program, which provides a space for victims and perpetrators in a community to interact with one another and for perpetrators to ask for forgiveness.
Palava huts, though, are not recognized courts, and no punishments are handed down. The hearings are also restricted to lesser crimes, which include arson, assault, forced labor, looting, destruction, and theft.
As a result, victims seeking justice have turned to courts in Europe and the United States that have prosecuted and sentenced a small number of former strongmen who relocated abroad. These individuals are usually tried for war crimes under universal jurisdiction or immigration fraud in instances when they omit their alleged war crime history from immigration documents.
Liberian President Joseph Boakai has promised to establish a war crimes court [File: Carielle Doe/Reuters]
Concrete steps
However, things are changing after Liberia’s Legislature in April passed a resolution calling on the president to establish two courts: a war crimes court and an economic crimes court.
To the surprise of many, this resolution was signed by some former rebels who took part in the war and had previously opposed the establishment of a court.
It was based on this that Boakai in May issued his executive order for the establishment of the Office of War Crimes and Economic Crimes Court.
The office is tasked with investigating and designing the methodology, mechanisms, and processes for the establishment of a Special War Crimes Court for Liberia and a National Anti-Corruption Court. It is also tasked with recommending a way to source funds for the court’s operations.
And while there is no stated timeline for the establishment of the war crimes court, the establishment of an office is Liberia’s most concrete step thus far toward domestic prosecution of its war criminals, and it has been largely celebrated, especially by victims, the international community and civil society who campaigned for its establishment.
‘Establish the court now’
Peterson Sonyah, who heads the Liberia Massacre Survivors Association, is one of those pleased about the developments.
Sonyah was 16 in 1990 at the time of the Lutheran church massacre that he, like Katee, also survived. He remembers that night vividly.
“It was in the night, but the guns lit up the church hall like it was broad daylight,” he told Al Jazeera. “I and my father had gone to Lutheran for refuge. That’s why we were there. The church used to give us food.
Bloodied clothing litters the floor of St Peter’s Lutheran Church in Monrovia, the site of a massacre in July 1990 where soldiers slaughtered an estimated 600 civilians seeking refuge from the civil war [Patrick Robert/Sygma via Getty Images]
“When the soldiers started shooting, he covered me with his body, but one bullet went in his arm and another in his hip. In the morning, he said he was thirsty. I went to get him water, and when I came back, he was dead. I lost seven family members at Lutheran.”
Now as an adult still living with the weight of all he lost, Sonyah said he is “happy” about the news of a future war crimes court.
“I support the court 100 percent. I have been campaigning for this court since the time of the TRC. We need the court to address impunity and for people to pay for their crimes, so they need to establish the court now.”
His stance is echoed by Hassan Bility, the executive director of the Global Justice and Research Project, a Liberian NGO that campaigns for the court’s establishment and the international prosecution of war criminals.
“The signing of the executive order by President Boakai is an encouraging development. At least it indicates his administration’s willingness to do something about our wartime atrocities,” he said.
‘We made compromises for this peace’
Not everyone agrees with the establishment of the court. Critics have expressed concerns about the security implications of prosecuting now-powerful former warlords who have considerable support, while many have argued that public funds for a court would be better put towards improving the livelihoods of Liberians.
“Whatever we do that could lead to the war, we should reject,” Wesseh said. “We made compromises for this peace. We must not do anything to reverse these gains in peace, and I don’t believe the way to consolidate this peace is a war crimes court.
“Instead, to solidify our peace, we must make sure the courts and hospitals are working and people have jobs.”
A rebel in Monrovia observes a ceasefire in August 2003 shortly before the departure of then-President Charles Taylor [Nic Bothma/EPA]
Critics have also questioned the use of the TRC report as the basis of the court’s establishment. Prince Johnson, the former head of a warring faction and now a long-serving senator, has opposed the establishment of the court based on the report, calling it biased. He instead has called for the United Nations to establish the court.
There are also concerns that a domestic war crimes court and an economic crimes court would face funding challenges if established because Liberia is largely poor and the country would need to seek assistance from the international community to help fund it. Additionally, analysts said, the court is likely to face challenges in gathering evidence 21 years after the war.
“The court will also need to address the problem of evidence gathering as a lot of people who witnessed the war are now aging and dying. The witness statements given at the TRC were also largely unverified,” Weah said. “The court will also have to address the issue of location. Will it be in Monrovia, which is crowded? Or at a place outside Monrovia that recorded a lot of atrocities?”
Despite these challenges, for Katee and many others who survived the two wars, the pursuit of justice continues until the court is properly established.
“We have been on this issue of a war crimes court for a while. I support the court 100 percent, but it needs to come soon,” he said.
“The people who committed most of these crimes are dying and getting old. I can die anytime. If we all die, who will they call to testify? Let the court come and bring hard justice.”
SOURCE: ALJAZEERACritics have also questioned the use of the TRC report as the basis of the court’s establishment. Prince Johnson, the former head of a warring faction and now a long-serving senator, has opposed the establishment of the court based on the report, calling it biased. He instead has called for the United Nations to establish the court.
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Liberia's New President Joseph Boakai
‘Liberia exemplified the ideal functioning of democracy as a former President and the outgoing President raised hands together with the elected President in a show of unity for the country’ ~ Ellen Johnson Sirleaf.
President Joseph N. BoaKai
January 22, 2024
“Liberia exemplified the ideal functioning of democracy as a former President and the outgoing President raised hands together with the elected President in a show of unity for the country.”
The 79-year-old, who defeated George Weah in a runoff election in November, was sworn in during an outdoor ceremony in sweltering heat in the West African nation's capital, Monrovia.
The Image of the former and outgoing president raising hands with the elected president shows unity and commitment to progress.
Don in traditional Liberian attire, the new president takes office with a promise to unite and rescue Africa’s oldest republic.
In his speech, “Partisanship must give way to nationalism,” Boakai told citizens and foreign delegation members who attended his inauguration ceremony in Monrovia, Liberia’s capital. He listed improving adherence to the rule of law, fighting corruption, and renewing “the lost hope” of citizens as his priorities.
The ceremony, however, was cut short while he was delivering his inauguration speech as BoaKai began to show signs of physical distress due to the sweltering heat.
The 79-year-old since has been declared 'perfectly fine' by his doctors, his office says.
Mr. Boakai already had been sworn in as Liberia's oldest-ever president. He was delivering his inauguration speech when it became clear that he was having difficulty continuing.
Boakai has dismissed concerns about his age, arguing that it came with a wealth of experience and achievements that would benefit the country.
He was vice president under Liberia’s first female president Ellen Johnson Sirleaf from 2006 to 2018 before being beaten by George Weah in the 2017 election.
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“PRESS RELEASE”
President Joseph Nyuma Boakai has appointed Ms. Kula Bonah Nyei Fofana as Presidential Press Secretary.
The appointment made on Thursday, January 25th, 2024, takes immediate effect. Ms. Fofana comes to the position with deep knowledge of public relations and communication.
Ms. kULA Fofana
Kula Fofana Profile
Kula Fofana is Assistant Dean of Student Affairs at David A. Straz Technical and Vocational College of the University of Liberia and a student of the Louis Arthur Grimes School of Law. She currently serves as the President of People’s Foundation Africa (PFA), an organization working for marginalized and hard-to-reach communities in Liberia and across Africa.
Before co-founding the PFA, she served the Liberian government as Assistant Minister for Youth Development, Co-Chaired Liberia’s Vision 2030, and headed the Ministry of Gender, Children and Social Protection (MGCSP) Adolescent Girls Division. She has also consulted with several agencies of the United Nations including UNFPA and UN-Habitat, among others. For many years she worked in civil society organizations on issues related to young women and girls, youth, and vulnerable populations. Kula was a 2019 Senatorial Candidate for the Grand Cape Mount County Senatorial By-Election in Western Liberia.
She holds a Graduate Certificate in International Affairs from American University in Washington, D.C., and a BA in Mass Communications, graduating cum-laude from the African Methodist Episcopal University in Liberia.
Kula is an activist with interests in social and transitional justice, diversity, and feminism. She is also a farmer.
GIABA Commences Regional Training For Journalists
A three (3) day Regional Training Workshop on Investigative Reporting on Economic and Financial Crimes for Journalists in West Africa countries commenced in Monrovia, Liberia. The training, which is expected to come to an end on Thursday 28th November 2019, is organized by the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA). The Deputy Minister of Fiscal Affairs/Ministry of Finance and Development Planning, Hon. Samara P.Z. Wolokolie, on behalf of the Minister of Finance and Development Planning, gave the keynote address and formally declared the training opened.
GIABA plays a significant role in maintaining a well-functioning monetary system
A three (3) day Regional Training Workshop on Investigative Reporting on Economic and Financial Crimes for Journalists in West Africa countries commenced in Monrovia, Liberia. The training, which is expected to come to an end on Thursday 28th November 2019, is organized by the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA). The Deputy Minister of Fiscal Affairs/Ministry of Finance and Development Planning, Hon. Samara P.Z. Wolokolie, on behalf of the Minister of Finance and Development Planning, gave the keynote address and formally declared the training opened.
In his opening statement, Hon. Wolokolie said as the lead Inter-Government Action Group against Money Laundering in West Africa, GIABA, plays a significant role in maintaining a well-functioning monetary system. With the prevalence of money laundering activities across the global financial and monetary systems - the strategic importance of GIABA cannot be overemphasized. The creation of GIABA through the sagacity of West African leaders is a clear indication yet that West Africa is ready for business and is prepared to play by the rules in its financial and monetary dealings.
Our commitment to eradicating illicit trade, dubious financial transactions, and discourage money laundering activities demonstrates that West Africa is ready to play by the rules, committed to expose and prosecute fraudulent activities.
Institutions such as GIABA give confidence to the business community and our international partners that there are structures and safeguards to protect them against money laundering and fraudulent activities.
The training organized to improving experienced journalists' understanding of AML/CFT issues, enhance their investigative and technical capabilities by equipping them with practical tools for the production of quality articles and reporting on money laundering and terrorist financing cases. It also strengthens the capacity of the network of Journalists to produce factual information on AML/CFT developments in West Africa.
To achieve the stated objectives, pertinent themes selected and delivered by prominent experts - Effective techniques and methods of producing journalistic materials on financial and economic crimes, the role of the media in promoting good governance as well as strategies, and mechanisms for setting up networks of media actors in AML/CFT. In implementing its intervention strategy, GIABA has enhanced and expanded the stakeholder scope to non-traditional entities, to ensure a global and complementary approach to the fight.
One of the entities includes the media, which plays a paramount role in promoting good governance, drawing governments` sustained attention to value for money in expending public resources, enhancing the protection of citizens' rights, and guaranteeing the production of information on Money Laundering practices and other related offenses.
In line with its mandate, GIABA has been carrying out awareness-raising programs for media professionals since 2009, resulting in the establishment in 2010 in Abuja, the Federal Republic of Nigeria, of a regional network of investigative journalists, specialized in reporting economic and financial crimes.
The 2016-2020 Strategic Plan developed by GIABA against the backdrop of the ever-evolving global AML/CFT outlook following the revision of the FATF Standards and Methodology focuses on the obligation to make regional AML/CFT interventions more effective. It aims at contributing to Member States` AML/CFT efforts, strengthen the commitment of non-state actors and critical sectors playing crucial roles in the effective implementation of AML/CFT measures.
Hon. Edwin W. Harrison, Director of the Financial Intelligence Unit (FIU) in Liberia, on behalf of the Government and people of Liberia, extends his appreciation to the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA) for selecting Liberia to host this training. He pointed out the three (3) days training in our media landscapes immense exposure about ML/TF. This training will help participants in effective, accurate reporting, and equipped to spot the vices associated with these and other predicate offenses.
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The Inter-Governmental Action Group Against Money Laundering In West Africa - Invitation To Participate
YAME Editorial Board wishes to congratulate Mr. Sylvester Samba, Global Times Newspaper Senior Reporter, Freetown, Sierra Leone, and YAME News & Media Contributor, for having invited by GIABA to participate in a Regional Training Workshop on Investigative Reporting on Economic and Financial Crimes for Journalists in Monrovia, Liberia, November 26 - 28, 2019.
GIABA is an institution of the Economic Community of West African States (ECOWAS) responsible for facilitating the adoption and implementation of Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) in West Africa. It is also a FATF-Styled Regional Body (FSRB) working with its member States to ensure compliance with international AML/CFT standards.
By The Editorial Board
Congratulations Mr. Sylvester Samba
By YAME Editorial Board
Mr. Sylvester Samba, GIABA Participant
YAME Editorial Board wishes to congratulate Mr. Sylvester Samba, Global Times Newspaper Senior Reporter, Freetown, Sierra Leone, and YAME News & Media Contributor, for having invited by GIABA to participate in a Regional Training Workshop on Investigative Reporting on Economic and Financial Crimes for Journalists in Monrovia, Liberia, November 26 - 28, 2019.
The Inter-Government Action Group against Money Laundering in West Africa (GIABA) is a specialized institution of the Economic Community of West African States (ECOWAS) and Financial Action Task Force-Styled Regional Body (FSRB) established by the Authority of Heads of State and Government of ECOWAS in the year 2000 with the mandate to protect the economies of Member States, from the laundering of the proceeds of crimes.
Money laundering is a complex phenomenon generating serious consequences politically, social, and economic development of countries of the world. It facilitates crime and corruption, which are antithetical to sustainable development. In particular, money laundering impairs the development of institutions (democratic, financial, education, health, etc.)
Unfortunately, developing countries are disproportionately at risk due to poor capacity to deal with the problem. The last twenty years have witnessed increased efforts and collaboration to address the issues of money laundering and other forms of organized crimes that plague society. International initiatives in the form of AML/CFT frameworks have been designed. Most countries and jurisdictions have subscribed to these measures. An effective AML/CFT framework reinforces a variety of good governance policies that help to sustain economic development.
Given the immensity of issues involved, the stakeholders' base has been broadened to include non-traditional entities to ensure a holistic approach and complementaries in the fight.
Our hats off to you, Sylvester.
GIABA’s Mission
GIABA is an institution of the Economic Community of West African States (ECOWAS) responsible for facilitating the adoption and implementation of Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) in West Africa. It is also a FATF-Styled Regional Body (FSRB) working with its member States to ensure compliance with international AML/CFT standards.