The Liberian government sought the endorsement of its war and economic crimes courts from the United Nations in a meeting on Tuesday. The meeting comes three months after President Joseph Boakai quietly sent a letter to the U.N. Secretary General, asking for technical and financial support for the courts.
By Anthony Stephens with New Narratives
Though the government has never made that letter public, Madam Sara Beysolow Nyanti, Liberia’s Foreign Minister, was transparent in her request for a UN General Assembly’s resolution to support the court at a meeting of the UN’s Peacebuilding Commission on Liberia’s transitional justice process. The U.N. General Assembly meets in New York next month. There are ongoing discussions for a U.N. resolution for the courts. It’s however unclear whether the resolution will be put before the body at next month’s meeting. Minister Nyanti signaled the importance of the resolution.
“A mandate from the General Assembly that will help us to mobilize and galvanize resources required, technical support and expertise to be able to move forward, with member states behind us,” said Madam Nyanti. “We need your support to continue to engage with us and our partners in Liberia, and the diplomatic corps in Liberia, the United Nations, civil society, the people of Liberia, the youth, the children, to make sure that our process, as we lead it, and we take responsibility for it, that you support us as a people to address these issues so that we can continue to be a success story for the world.”
The government also used the meeting to make two major announcements. Madam Nyanti revealed that as part of its rebuilding and healing plans, the government plans to apologize to victims of the wars –a major move that advocates say will be a significant milestone in helping the country move forward.
Also addressing the meeting, Cllr. Oswald Tweh, Liberia’s Justice Minister, announced the government was working on establishing a reparation fund for victims of the civil wars, as recommended in the country’s 2009 Truth and Reconciliation Commission report. Minister Tweh said the government is “committed to establishing a reparation trust fund to support conflict victims” to “help victims rebuild their lives and communities, ensuring that they are not forgotten as we move forward.”
Mr. Adama Dempster, a leading Liberian human rights advocate, represented victims and other civil society organizations at the meeting. He warned that the international community’s support would be crucial to countering opposition from opponents of the courts, including accused perpetrators.
“Robust international partnership will be important to manage backlash from influential opponents and incomplete justice delivery, which will undermine public trust, and to minimize threats faced by human rights defenders and institutions supporting the establishment of the court,” Mr. Dempster said. “We stand ready to do all that we can for justice to be done and look to you to join us in this effort so that victims and survivors will have access to redress at last.”
The meeting came as the Boakai administration seeks to reset its first steps to establishing the courts. Last week, the government withdrew the appointment of Liberian lawyer Jonathan Massaquoi as the head of the office tasked with establishing the courts after an uproar from victims, civil society, lawyers and international donors. International funding will be critical to establishing the courts and the government’s failure to consult widely with civil society on the appointment had unsettled the diplomatic community and made Cllr. Massaquoi’s position untenable. The government has now announced a committee of stakeholders to make a new appointment.
That move was applauded by Beth Van Schaack, U.S. Ambassador at-Large for Global Criminal Justice.
“We welcome the establishment of a transparent and inclusive process to constitute the Office to establish the new war crimes court.”
That action will likely ease the path for international donors to contribute to the courts. Advocates are debating now how much the courts will cost. The international community led by the U.N., spent an estimated $US300 million on the Special Court for Sierra Leone. Advocates for the Liberian courts have cited figures ranging as high as $250 million, an amount that is highly unlikely to be found, according to sources in the donor community.
Ambassador Van Schaack addressed the issue directly.
“In the years since the establishment of the Special Court (for Sierra Leone), many other more nimble and less expensive models of justice have emerged that can also inform the Liberian process. For example, the Special Criminal Court in the Central Afican Republic and the Extraordinary African Chambers, which prosecuted Hissene Habre, have both made significent achievements with smaller budgets,” Amb. Van Schaack said. “The future Liberian court could be embedded within the Liberian national system, but still benefit from international support in the form of judges, prosecutors, defense counsels and other staff, as well as technical assistance and consistent financial support, while otherwise remaining right-sized for the Liberian context.”
Amb. Van Schaack reiterated American support for the process.
“The histories of the United States and Liberia are inter-twined in complex ways. But today, we stand with the Liberian people who have fought so long to get to this point. We are ready to partner with you in this endeavor,” said Amb. Van Schaack. “But we also know that this partnership must be Liberian-led and responsive to the needs and desires of the people. To that end, I urge all of those working for this court to ensure that the process is centered on the victims and that they play a central role in the development and in the functioning of the future court and the Office that will create it. Broad international community support will be crucial to this endeavor, and I urge our partners here and more broadly to support Liberia financially, diplomatically, and technically as it embarks on this effort.”
Dr. Peter Clement, interim U.N. Resident Coordinator to Liberia, addressed the meeting by videolink from Monrovia. He said that the Peacebuilding Fund had invested up to $US100 million in Liberia since 2007 and was committed to supporting Liberia’s transitional justice path.
“We should explore the possiblity of a basket fund with contributions from the European Union countries and other donors and ensure that the process is supported by the Liberian population and civil society organizations from the beginning,” said Dr. Clement.
The importance of creating a role for Liberia’s youth in the process was highlighted by panelists, including Banica Stephenie Elliot, President of the Federation of Liberian Youth, who addressed the meeting from Monrovia also by videolink. Minister Nyanti also said the youth were a priority for the the government, describing them as the “most significant assets to take the nation into the next generation and the generations to come.”
This story is a collaboration with New Narratives as part of the West Africa Justice Reporting Project.
