MONROVIA, Liberia—President Joseph Boakai has withdrawn his appointment of Liberian lawyer, Jonathan Massaquoi to head the newly constituted Office of War and Economic Crimes Courts following nearly two months of public condemnation from almost all leading victims and human rights advocates and the umbrella body for lawyers in the country, the Bar Association.
By Anthony Stephens with New Narratives
Opponents had demanded a reset of the appointment process, saying it had not been conducted in a transparent and consultative manner that would give Liberia’s large number of victims a sense of inclusion and trust in the process. Cllr. Massaquoi had also drawn fire because of his representation of accused perpetrators, including Agnes Reeves Taylor of the National Patriotic Front for Liberia, against human rights advocates. To date, he has not recused himself from those cases.
The outcry against the appointment had also concerned major international donors, who will be called upon to fund the courts. They expressed their unhappiness with the lack of consultation to this paper. The failure of the president’s office to publicly announce it had sent a letter requesting support for the courts to the office of the UN Secretary General, was also seen as compounding the secrecy around the process.
The Mansion said it was now acting in response to the outcry.
“I want to state that this decision stems from our desire to ensure that the process leading to the establishment or the constitution of the actors in the Office for the War and Economic Crimes Courts is open, broad based and ensure public scrutiny. The government chose to have a listening ear,” Mr. Jerolinmek Piah, Liberia’s Information Minister, told the government’s weekly press conference.
The head of the office was tasked with creating a blueprint for the courts which would try those most responsible for international crimes and serious human rights violations during the country’s three decades of conflict starting in 1979. As many as 250,000 Liberians died and more than a million were displaced.
In a statement the Ministry of Information announced the president’s decision to create a committee to oversee appointment of a new head chaired by the Justice Ministry, comprising the Bar, the Economic Community of West African States (Ecowas), the African Union, the Inter-Religious Council of Liberia, and “eminent organizations to recruit and vet candidates that will lead the Office of War and Economic Crimes Courts.”
The statement made no mention of Mr. Massaquoi. Cllr. Massaquoi did not respond to an FPA/NN request for comment on the president’s decision.
Minister Piah said the committee had a 21-day timeframe within which to suggest three names to the president to make a new appointment. Pressure will be on the committee, which apparently had no pre-warning of its new role. News of the Bar Association’s appointment was a surprise to Cllr. Sylvester Rennie, the Bar’s president. “We have not been spoken to. Nobody has called me on that. Let them call us first. Let’s know the Terms of Reference.”
Meanwhile, human rights advocates praised Mr. Boakai’s about-turn.
“It says that he is a leader who will listen to people; a leader who will respect that he can also be advised; a leader with humility,” said Madam Massa Washington, a commissioner of Liberia’s 2009 Truth and Reconciliation Commission, by WhatsApp. “Humility in some instances, is a huge quality of a good leader.”
Madam Washington also said the decision to have a consultative committee to appoint the new head is the right course.
“That is how best practices all around the world are done,” Madam Washington said. “The human rights community must be involved in vetting the head of the WECC. It has to be transparent and inclusive so that person when appointed, will have all of our support. The president is the first citizen. He sets the tone for the rest of the citizenry.”
Madam Lovetta Tugbeh, founder of the Coalition for Justice in Liberia, which had called on President Boakai to rescind Cllr. Massaquoi’s appointment in an open letter, also commended the announcement.
“This move reflects the need for individuals with impeccable character and unwavering dedication to justice in pivotal positions,” said Madam Tugbeh by WhatsApp. “Given the tragic loss of approximately 250,000 lives, including foreign nationals, during Liberia’s brutal civil war, ensuring trustworthy figures in key roles is essential for rebuilding the nation and honoring the victims’ memories. This decision is a crucial step towards setting Liberia on a path of justice and recovery.”
That path to recovery and justice is to be designed by the Office, which Mr. Boakai set up through an executive order in May. Whoever heads the Office will have to also ensure the drafting of bills for the establishment of the courts and solicit donors’ technical and financial support for the courts.
Advocates warned that donors would have been skeptical of funding the initial process for the courts because it lacked transparency.
“This was very clear,” said Mr. Hassan Bility, Director of the Liberian based Global Justice and Research Project, which together with its Swiss partner, Civitas Maxima has been behind the investigations and prosecutions in European and American courts of individuals accused of committing war related crimes during Liberia’s civil wars. “President Boakai would have hit the wall. It is good that the president has finally listened to his people, the Liberian people. This Office must not only be neutral and fair but must be seen as such by the victims in particular and the Liberian people in general. There was no other choice.”
Mr. Adama Dempster, another human rights advocate, agreed with Mr. Bility that there was little choice.
“There would have been major roadblocks to the establishment of a war and economic crimes courts in Liberia with reference to international support,” said Mr. Dempster by WhatsApp. “The international community usually looks for a credible and transparent window to move its support towards a process taking into account their work with all stakeholders including civil society and human rights groups on the ground.”
Madam Washington agreed.
“Donors support would’ve been in short supply for the WECC because donors want to bet on a successful final outcome but if the process or pathway towards achieving that successful outcome is massively flawed already, it will be catastrophic for the final product,” Madam Washington said. “Processes do matter you know, because they are the patent for how your final product turns out. We are in touch with historically pro-transitional justice partners and donors who are prepare not to put a dime in that WECC Secretriat as was. At best, our traditional partners would’ve minimally made donations but so miniscule as to have zero meaningful impact on the project.”
The committee will be under pressure to act fast. The executive order establishing the Office runs for one year, in which it must come up with a plan for the courts, funding from donors and bills to establish the courts to go to the Legislature for its approval. Though the Legislature passed a resolution to establish the courts, there is still considerable opposition within the body, including from accused warlords who will likely be indicted by the courts. Three months have already passed.
This story is a collaboration with New Narratives as part of the West Africa Justice Reporting Project.
