President Joseph Nyumah Boakai has been asked to offer a State Apology, set up a Trust Fund for worst-affected war victims, and restart a Palava Hut Program instead of establishing a war and economic crimes court.
Monrovia, Wednesday, March 6, 2024-Liberia’s immediate past Senate President Pro-tempore Albert T. Chie, a re-elected Grand Kru County Senate, wrote the Liberian Senate on Monday, 4 March 2024 detailing why the court cannot be established here.
“In respect of the foregoing, I kindly request that Plenary authorizes the Senate Secretary to communicate to the President of Liberia, within a reasonable time frame, offer said State apology, set up the Trust Fund, restart the Palava Hut Program, and commence the implementation of development projects in the highly victimized communities,” Chie wrote.
His communication comes in the wake of President Boakai’s declaration that he has decided to set up an office to explore the feasibility of establishing a war and economic crimes court for Liberia.
In the letter, Chie reminded his colleagues that on 19 September 2019, Boakai’s predecessor Mr. George Manneh Weah sought the Senate’s advice through a communication on how to proceed with the
implementation of the erstwhile Truth and Reconciliation Commission (TRC) report.
According to Chie, the Liberian Senate gave its advice to the former President through a twenty-two-page report.
he said the Senate advised former President Weah that the call for the establishment of an extraordinary criminal tribunal for war and economic crimes committed during the period of the civil conflict must be examined within the context of the implication of the Constitution.
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He said the Senate also talked about examining the process through the laws and processes to determine their compatibility and feasibility of establishing such a tribunal.
He noted that the Senate suggested that constitutional and other legal prohibitions may not easily permit the
establishment of said criminal tribunal for war crimes on Liberian soil.
He particularly noted the Senate’s observation that Liberia had acceded to the Rome Statute after the end of the civil war.
He added that the Senate’s advice was that domestic economic crimes committed during the period of the civil crisis could only be adjudged and litigated in domestic criminal courts under Liberia’s
domestic jurisprudence, and cannot be the subject of an international criminal tribunal.
Chie stated that this is besides the fact that the statute of limitations has since tolled, by the laws of Liberia.
He said in line with one of the recommendations of the TRC, the President of Liberia should offer an apology on behalf of the State to the many victims and
the people of Liberia in general for its role in the conflict and the injuries and losses sustained by individuals and communities.
“That also as recommended by the TRC, the Government should without further delay set up a Reparation Trust Fund for victims and communities worst affected by the conflict,” he continued.
He noted that the TRC report suggested that the worst-affected victims should benefit through direct financial assistance or development programs and projects.
He detailed that the National Palava Hut Program and other programs for national healing, peacebuilding, and reconciliation aimed toward restorative justice,
started by the Government of former President Ellen Johnson Sirleaf, should recommence.
“Distinguished Colleagues: while the Senate awaits His Excellency Joseph Nyumah Boakai to seek its opinion on the feasibility of establishing a criminal tribunal for us to have our say for the second time, my communication is intended to draw our attention to the expediency and imperativeness of the Presidential apology,” Chie stated.
He said his communication was also to draw his colleagues’ attention to the setting up of the Reparation Trust Fund, a continuation of the Palava Hut and other national healing and reconciliation programs, and the implementation of activities that will bring economic benefits to victims and worst-affected communities in the civil crisis.
He asked President Pro-tempore Nyonblee Karnga-Lawrence and his colleagues to mandate the requisite budgetary appropriations, beginning with the 2024 National Budget, to facilitate the implementation of the above tasks by the President of Liberia.
