—- As Uneasiness Grows Over Senate Delay for WCEC Establishment

IPNEWS: Several sources within Diplomatic cycles hint the authoritative Independent Probe Newspaper that intense lobby remain through Thursday night over whether or not several members of the Liberian Senate be place on sanction for grossly undermining the establishment of War and Economic Crimes Court in Liberia.

According to the sources, Vice President Jerimiah Koung and Senate Pro-Tempore’, Nyonblee Karnga-Lawrence are being held responsible for the repeated delays to have the House resolution apart of the agenda for deliberation after three weeks into committee room.

“I can tell you this much, Uncle Sam is closely watching movements at the Liberian Senate including secret meeting being held to frustrate the endorsement of the House of Representative Resolution signed on March 7, 2024.” A source in Washinton told IPNEWS.

As the report of an imminent sanction for VP Koung and Karnga-Lawrence emerge, the United States Ambassador At Large Beth Van Schaach, in her open letter to Liberians Thursdays, March 22, 2024, expressed how thrilled she was to hear President Boakai’s announcement in his inaugural address of creating a War and Economic Crimes Court for Liberia.

Madam Van Schaach stated that the wait for justice has been far too long for those who suffered horrific abuses during the country’s civil wars, despite the recommendations of the Truth and Reconciliation Commission (TRC).

“I applaud President Boakai for prioritizing justice in the early days of his administration. It was also encouraging to see a resolution in support of the War and Economic Crimes Court pass with strong support in the House.”

“I extend my congratulations to the Speaker of the House and other Representatives for taking steps to implement the important recommendations of the 2009 Truth and Reconciliation Commission. Now, it’s time for the Senate to follow suit!” Madam Van Schaach.

She said as the Ambassador-at-Large for Global Criminal Justice, she witness on a daily basis around the world how impunity for atrocities harms not only the direct victims but also the entire society and the fabric of a nation. When there is no accountability for the worst crimes known to humankind, it undermines the rule of law and contributes to corruption and lawlessness.

Madam Van Schaach “True and lasting peace cannot exist without justice. During my visit, I was asked if I would be disappointed if Liberia did not build a War and Economic Crimes Court before my next visit. While I would like to see a court established, it is not my opinion that matters. The envisioned Court originated from the recommendations of your TRC, with the goal of bringing real justice to Liberians. This is your court and your history.”

“As the Ambassador-at-Large for Global Criminal Justice, I witness on a daily basis around the world how impunity for atrocities harms not only the direct victims but also the entire society and the fabric of a nation. When there is no accountability for the worst crimes known to humankind, it undermines the rule of law and contributes to corruption and lawlessness.”

The U.S. Human Rights Advocate stated that the U.S. Government will closely monitor the situation to ensure that those advocating for justice do not face threats to their safety, stressing that all Liberians must be able to step forward and speak about this effort without fear of intimidation or retribution.

“Victims and witnesses must play a central role in the work of the future Court and must be able to do so freely and safely.”

“I am thrilled to be your partner in this journey. I had a wonderful visit to Liberia, and I eagerly await my next one—when I hope to join you in welcoming the establishment of the War and Economic Crimes Court for all Liberians.” Beth Van Schaach, United States Ambassador At Large stated in her open letter.

Since Maech 7, 2024, members of the House under the leadership of Cllr. Fonati Koffa, unanimously endorsed the establishment of a War and Economic Crimes court in a resolution sent to the Senate, little is been heard sending uneasiness across various spectrum.

The signing of the House resolution followed an epic visit of United States Ambassador At Large Beth Van Schaach and her team from the office of the Global Criminal Justice (J/GCJ) to Liberia which thamet with House Speaker Fonati Jonathan Koffa yesterday at the Capitol Building, members of the House of Representatives are said to be poised to sign a resolution establishing the War and Economic Crime Court for Liberia.

Prior to Ambassador-At-Large Schaach, visit in early February 2024, House Speaker Cllr. Fonati Koffa wrote on his Facebook Page, stating, “I made clear to the Ambassador-at-Large that we support Justice for war victims but we won’t be rash or insensitive to the concerns of people who feel targeted”.

“This will be done right, and if it is what our people want, their elected representatives will say so through their votes,” the Speaker said, adding, “As Speaker, I will make sure the debate is thorough and that it considers everything; reconciliation, maintenance of peace and fairness to alleged perpetrators.”

Just as the Facebook post of Speaker Koffa was trending, a draft of Resolution calling for the establishment of the War and Economic Crimes Court in Liberia surfaced on the House plenary floor for endorsement and subsequently submitted to the Senate for concurrence but to no vail up to press time.

A week later in February 2024, following the visit of Madam Van Schaach , former Sierra Leone War Crimes prosecutor, Allen White, spoke with President Joseph N. Boakai on the prospect of establishing the war and economic Crime Court for Liberia.

The Resolution says “whereas, Article XIII of the Liberia Comprehensive Peace Agreement signed on August 18, 2003, provided for the establishment of a Truth and Reconciliation Commission (TRC) to provide a forum that will address issues of impunity, as well as an opportunity for both victims and perpetrators of human rights violations to share their experiences in order to get a clear picture of the past to facilitate genuine healing and reconciliation”

The Resolution underscored that the Liberian Legislature enacted the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT) in 2005, formally creating the TRC with a mandate to promote national peace, security, unity, and reconciliation by investigating gross human rights violations and violations of humanitarian law, sexual violations, economic crimes that occurred between January 1979 and October 2003, noting that the Liberian Legislature enacted the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT) in 2005, formally creating the TRC with a mandate to promote national peace, security, unity, and reconciliation by investigating gross human rights violations and violations of humanitarian law, sexual violations, economic crimes that occurred between January 1979 and October 2003.

According to Section 48 of the TRC Act it provides that “The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and on a quarterly basis thereafter as to the implementation of the Commission’s recommendations,” and “All recommendations shall be implemented,” and “Where the implementation of any recommendation has not been complied with, the Legislature shall require the Head of State to show cause such non-compliance,”

The Truth and Reconciliation Commission (TRC) submitted its final report to the National Legislature on December 19, 2009, recommending the establishment of an Extraordinary Criminal Court of Liberia, an international domestic court with authority to prosecute individuals accused of gross human rights violations, serious humanitarian laws violations, and certain domestic crimes.

Noting that the Government of Liberia has not fully implemented the recommendations of the Truth and Reconciliation Commission to date, including the establishment of an Extraordinary Criminal Court for Liberia, despite being obligated to do so under the TRC Act.

According to the draft Resolution, Liberia has not prosecuted a single person for the grave crimes committed during its armed conflicts from 1989 to 2003; and that the United Nations (UN) and other international partners have experience with the creation and functioning of war crimes courts, including courts with international and domestic participation and expertise.

Besides, the draft Resolution indicated that the UN Human Rights Committee in July 2018, expressed, with regard to Liberia, “concerns that none of the alleged perpetrators of gross human rights violations and crimes mentioned in the TRC report has been brought to justice” and urged Liberia to establish a process to bring about accountability from past crimes and report back to the issue of impunity and accountability for civil wars -era crimes by 2020;

Therefore as a result of the aforesaid, the House of Representatives resolved in Legislature assembled and expressed its support for full implementation of the TRC recommendations, including the establishment of an Extraordinary Criminal Court in Liberia and committed to working with President Joseph Nyumah Boakai for the Court’s establishment.

“Based on Section 48 of the TRC Act that provides that “The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and on a quarterly basis thereafter as to the implementation of the Commission’s recommendations,”  therefore this matter before us is overdue, and that the president should act effectively, immediately on said legislative enactment without seeking advice from the legislature because, the TRC is already and Act of enacted by the Legislature that is awaiting full  implementation.

On the same note, the House says in keeping with Section 48 of the TRC Act, it has committed to providing funding for the conversion of the records of the Liberian Truth and Reconciliation Commission, conserving the records of the TRC would be crucial in serving the several purposes including to ensure the availability and ownership of the country’s collective memory on the conflict, the TRC is just but a fraction of the colossal information contained in these records and to form an indispensable part of the implementation of the TRC recommendation, promote the culture of justice, rule of law and bolster the ongoing democratization process in Liberia.

The House further commit itself to providing funding for the conversion of the records of the Liberian Truth and Reconciliation Commission so as to be a lasting legacy and tribute to the thousands of victims and witnesses whose selfless contribution to the process led to the generation of these records, stating that the conversion of the TRC records will also ensure that state and international resources put in the TRC process were worth the exercise.

The House also call on President Boakai to work with the United Nations, international partners, institutions, and civil society organizations for assistance in establishing the Extraordinary Criminal Court in Liberia in a manner that allows the trial of international crimes in accordance with international standards and best practices, and recognizing that economic crimes are the progenitor of war crimes, calls for legislative action to establish Economic Crimes Court for the swift and speedy trial of corruption and economic crimes.