By Capitol Hill, Liberia โThe Honorable House of Representatives- HOR, has overwhelmingly passed a resolution, seeking the establishment of War and Economic Crimes Court in Liberia.
According to a statement issued Tuesday, March 5, 2024, by the House Press Bureau, plenary took the decision after more than forty members voted in favor of the resolution.
The resolution said 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; and the Liberian 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.
It says, section 48 of the TRC Act 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 resolution added 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; and, Resolution for Establishment of War Crime Court.
The instrument also added that Liberia has not prosecuted a single person for the grave crimes committed during its
armed conflicts from 1989 to 2003; and 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.
The resolution further stated 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.
“NOW THEREFORE, it is resolved by the House of Representatives of the Republic of Liberia in Legislature assembled: Expresses its support for full implementation of the TRC recommendations, including the
establishment of an Extraordinary Criminal Court in Liberia and commits to working with President Joseph Nyumah Boakai for the Court’s establishment”, it said.
The resolution maintained that 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,” 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 for such non-compliance,” 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.
The instrument has been forwarded to the Liberian Senate for Concurrence.
By: Alphanso G. Kalama
