4/6 Report of the independent expert on technical cooperation and advisory services in Liberia, Charlotte Abaka

GE.07-11106 (E) 110307

UNITED NATIONS

A

General Assembly Distr. GENERAL

A/HRC/4/6 28 February 2007

Original: ENGLISH

HUMAN RIGHTS COUNCIL Fourth session Item 2 of the provisional agenda

IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL”

Report of the independent expert on technical cooperation and advisory services in Liberia, Charlotte Abaka* **

* The annexes are reproduced in the language of submission only.

** The present report is submitted late in order to include the most up-to-date information possible.

Summary

The independent expert on technical cooperation and advisory services in Liberia undertook two missions to Liberia in 2006, from 20 to 26 February and from 13 to 23 November 2006. There were a number of positive developments in the year, but the failure to effectively tackle some critical human rights issues in the period, and especially those affecting the most marginalized and vulnerable in society, must also be highlighted.

The year 2006 commenced with the enactment in January of amended rape legislation which sought to give greater legal protection to victims. The act provides for a broader definition of rape, creation of the offence of gang rape and also provides that there should be a presumption against bail in the case of those accused of first-degree rape. While this legislation should be revisited and revised, it is encouraging to see that the proper legislative framework is being put in place. The enactment of legislation to prohibit female genital mutilation must also be a priority for the authorities in the coming year.

However, the failure by both the Liberian National Police and the courts to properly implement this crucial piece of legislation on sexual crimes has left victims - women, girls, men and boys - without any effective protection or remedy. This also gave rise in the past year to the widespread practice of out-of-court settlements by victims and their parents with the alleged perpetrators. The impotence of the justice system combined with the prevailing dire social and economic conditions gave rise to this phenomenon, which is essentially a form of impunity.

Another promising start last year was the inauguration in February 2006 of the Truth and Reconciliation Commission (TRC), which was then launched in June. This is to be one of the major mechanisms for national healing and reconciliation and indeed the commission started its first public activity in October with the statement-taking process. The Government of Liberia has been supportive of this process at all stages and has provided substantial funding.

However, at the time of writing, TRC is not, in the view of the independent expert, in a position to proceed with public hearings as scheduled because the basic administrative and technical procedures have not been put in place. The functioning of TRC and the competence of the Commission must be reviewed as a matter of urgency.

The failure to respect, protect and fulfil economic and social rights throughout the country, and particularly for workers on the rubber plantations, makes daily life for the citizens of Liberia a constant struggle. The Government has made efforts to restore limited basic services to parts of Monrovia and it is encouraging that the basic principle that there can be no sustainable development without good governance is at the centre of the anti-corruption strategies being implemented. It is too early to comment on the success or otherwise of such strategies but the implementation of the Governance and Economic Management Assistance Programme (GEMAP), which aims to strengthen public financial management, is a promising start. The effective implementation of a national anti-corruption strategy with a powerful anti-corruption commission is needed.

Conclusion

The human rights challenges facing Liberian society on all fronts - civil, political, economic, social and cultural - are enormous. While the authorities have demonstrated good will to progress on several issues, the slow progress and lack of effective implementation is due to several factors, including lack of capacity, competence and funds. The international community has a duty to assist the national authorities but the Government must lead the way by putting in place concrete and targeted measures.

The key recommendations of the independent expert are that:

− Judges and prosecutors from outside of Liberia should be engaged to work as mentors. This is a necessary step to address some of the existing deficiencies in the administration of justice;

− The Law Faculty at the University of Liberia should be rehabilitated and strengthened and that scholarships should be offered to law graduates to do their postgraduate studies in the United States of America. In particular, positive discrimination should be exercised so that more female students are attracted to the practice of law;

− An amendment to the Constitution allowing all international treaties to become part of domestic law should be proposed by the Government;

− Discriminatory and offensive legislation such as the “Hinterland Regulations” should be repealed immediately.

CONTENTS

Paragraphs Page

I. DEVELOPMENTS SINCE 2005 ................................................ 1 - 8 6

A. Security situation ................................................................... 1 - 2 6

B. Truth and Reconciliation Commission .................................. 3 - 7 6

C. Independent National Human Rights Commission ................ 8 7

II. THE LEGISLATURE ................................................................. 9 - 10 7

III. LEGAL REFORM AND RULE OF LAW ................................. 11 - 18 8

A. Review of national legislation ............................................... 11 - 12 8

B. The Liberian justice system ................................................... 13 8 C. Ending impunity for past and present crimes ......................... 14 - 15 8

D. Rape Law ............................................................................... 16 - 18 9

IV. PROMOTION AND PROTECTION OF HUMAN RIGHTS .... 19 - 24 9

A. Human rights on rubber plantations ....................................... 19 - 20 9

B. Human rights of women ......................................................... 21 - 22 10

C. Human rights of children ....................................................... 23 - 24 10

V. ECONOMIC, SOCIAL AND CULTURAL RIGHTS ................ 25 - 31 10

A. The right to work, fair remuneration and regular payment of wages .................................................................. 26 - 27 10

B. The rights to physical and mental health ............................... 28 - 29 11

C. The right to education ............................................................ 30 - 31 11

VI. WORKSHOPS CONDUCTED ................................................... 32 - 34 12

CONTENTS (continued) Paragraphs Page

VII. OBSTACLES AND CONCERNS ............................................... 35 12

VIII. CONCLUSIONS .......................................................................... 36 12

IX. RECOMMENDATIONS ............................................................. 37 - 49 13

Annexes

I. List of interlocutors .............................................................................................. 15

II. Workshop attendance ........................................................................................... 20

III. Map of Liberia ...................................................................................................... 22

I. DEVELOPMENTS SINCE 2005

A. Security situation

1. By the time of the second report of the independent expert on technical cooperation and advisory services in Liberia (E/CN.4/2006/114), the security situation in general had greatly improved. The Liberian National Police (LNP) is deployed in all counties, as are superintendents. The establishment of local administrations is thus complete. Circuit courts are now established in all counties, though the absence of defence counsel in some counties hampers their proper functioning.

2. The high incidence of sexual assault throughout the country, however, reflects the weakness of the LNP, its inability to adequately police these areas and highlights the urgent need to strengthen the competence and capacity of this branch of the security forces. Providing security for its citizens is a fundamental obligation of the State and all necessary assistance should be given to the State to ensure it is able to discharge this obligation.

B. Truth and Reconciliation Commission

3. The establishment of a Truth and Reconciliation Commission (TRC) was provided for in the Comprehensive Peace Agreement signed in Accra in 2003. The required national legislation establishing TRC, the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC Act), was passed and signed into law in June 2005. The nomination and selection process for the nine national commissioners commenced that August and TRC was inaugurated in February 2006. The ceremonial launch was held in June 2006.

4. The Government of Liberia has led this process by providing US$ 1.4 million in the first year (1 per cent of the national budget) for TRC. The international community has matched this contribution. Funding will be the major challenge in the years ahead and the timely allotment of monies will be critical to effective action. The full establishment of a secretariat for TRC is urgent, so that commissioners do not have to involve themselves with administrative issues and can concentrate on policy matters. The international community also has a key role to play in providing technical advice and expertise.

5. However, there is serious concern that there appears to be a lack of coordination within the commission on programming and activities. The timely elaboration of well conceived programmes and a budget will influence the willingness of donors to make funds available in the future. The disharmony between the commissioners themselves and also with the members of the International Technical Advisory Committee (ITAC) is leading to an incomplete implementation of the TRC Act. This has also resulted in a failure to address some critical issues such as sensitization of both the general public and civil society organizations. The Commission’s outreach efforts to introduce and explain its work to the public will determine its impact and the support of an active and effective civil society. While they will remain independent, these organizations can make valuable contributions to the work of the commission. Such groups must also monitor activities of the commission and provide honest feedback on progress.

6. There is also an urgent need to establish an information management system for storing and analysing statements and other information received in the statement-taking process that commenced in October 2006. A number of aspects of the statement-taking process were heavily criticized by interlocutors. The absence of any apparent mechanism to protect the guarantee of confidentiality or forms of protection to be provided to victims, perpetrators and statement-takers was highlighted. A number of interlocutors questioned the effectiveness of the vetting process. The need to incorporate a gender perspective into this exercise was emphasized so that the participation of women could be facilitated and they would be encouraged to provide statements.

7. This situation needs to be addressed urgently, as an effective TRC can play a central role at this time of transition and in the ongoing reconciliation efforts being undertaken in Liberia. The elaboration of clear terms of reference for the ITAC members together with the establishment of an effective secretariat would contribute to the effective and efficient running of this institution.

C. Independent National Human Rights Commission

8. The enabling legislation for this body, which was drafted following nationwide consultations and with the technical support of the United Nations Mission in Liberia (UNMIL), was signed into law in March 2005. It will have a broad mandate that includes making recommendations to the Government on the prevailing human rights situation. The appointment of commissioners of integrity, experience and skill to serve on this body is of utmost importance. It is to be hoped that this selection process can be completed as soon as possible, and that the experience gained in the establishment of TRC will be taken into account. At the time of writing a list of 11 names had been submitted to the President by the nominating body for possible appointment.

II. THE LEGISLATURE

9. The heads of parliamentary subcommittees admitted to a lack of knowledge and awareness of the TRC process. They would welcome a workshop on TRC, and in their role as parliamentarians, would be anxious to see that the terms of the Act are being respected. They could also play an important role in dissemination of information among their constituents. The progress to date by the commission, which was due to complete the statement-taking process in January 2007, was an issue of concern. The point was strongly made that an evaluation of the international role in the conflict should also be undertaken so that a full understanding of events could be obtained.

10. In relation to the enforcement of the Rape Law, a shortage of lawyers, and specifically of prosecutors, was identified as a possible impediment to implementation. The potential for recruiting lawyers from private practice to conduct prosecutions, as an interim measure, was raised. The parliamentarians agreed that they have a definite oversight responsibility on this issue and would move towards a more proactive approach. The legislature is also taking steps to join the Inter-Parliamentary Union (IPU), which it sees as an important avenue for strengthening its capacity and professionalism.

III. LEGAL REFORM AND RULE OF LAW

A. Review of national legislation

11. The Minister for Justice reported that draft legislation for the creation of a Law Reform Commission was before Parliament and was to be considered early in 2007. The establishment of such a body was envisaged by the Government’s 150-day Action Plan and a task force had been constituted.

12. A comprehensive review of both the Constitution and national legislation ensuring respect for the provisions of international human rights law should then be undertaken. This work will be facilitated by the legal audit recently completed by the Human Rights and Protection Section of UNMIL.

B. The Liberian justice system 13. New legislation on the autonomy of the judiciary goes some way to ensuring its independence. Funding will now be guaranteed on a quarterly basis. The repeated allegations of judicial corruption continue to undermine the credibility of this area of government. In addition, negligence of judicial personnel in performing their duties has resulted in cases not being heard. The appointment of a Supreme Court justice to head a conduct committee that will decide on disciplinary matters will also go some way to enforcing the code of conduct. Article 71 of the Constitution provides that judges may be removed upon impeachment by the legislature on the grounds of proven misconduct and gross breach of duty. Recent steps taken by the Chief Justice towards improving the professionalism and quality of work of the judiciary deserve to be supported.

C. Ending impunity for past and present crimes

14. The Liberian criminal justice system is not, for the various reasons mentioned above, in a position to respond to ongoing human rights violations and abuses. This is particularly true in the area of gender-based violence which appears to be on the increase. Police misconduct in the execution of their duties was a repeated theme in discussions with local actors. The mistreatment of those being arrested and detained highlights the need for greater training on the code of conduct and rules on the use of force.

15. Some progress has been made in restructuring, and strengthening the capacity of LNP: 2,214 officers have now graduated from the police academy in Monrovia and the target remains 3,500 trained officers by July 2007. Nonetheless, there remain serious challenges to an effective LNP, primarily in relation to logistics. The need for a communications system and increased mobility are critical elements which need to be addressed. Any restructuring and strengthening of LNP must be accompanied by a parallel improvement in the functioning of the judiciary. To fail in the latter would be to do a disservice to the new officers and negate to a large degree their effectiveness in the fight against crime.

D. Rape Law

16. The amended Rape Law (An Act to Amend the New Penal Code, chapter 14, sections 1470-1471, and to Provide for Gang Rape), the drafting of which international NGOs and United Nations agencies had participated in an effort to ensure that international standards were observed, entered into force on 17 January 2006. However, a combination of a weak judiciary and a lack of awareness among the populace is resulting in weak implementation of this vital legislation. While the law provides for stronger penalties for rape and includes the specific crime of gang-rape, there are reports that clear evidence is being rejected in court and that provisions of the Act are not being respected.

17. The reported high incidence of out-of-court settlements in these cases is particularly worrying. While there are socio-economic considerations involved in such a decision, this trend is bolstered by both the delay in the hearing of cases and the lack of implementation mentioned above. The Chief Justice assured the independent expert that he was taking all measures to ensure that such unwarranted delays in these cases did not occur; one court was now to be dedicated to conducting such hearings.

18. The failure of the law to address rape by juveniles is one glaring deficiency in the new law which, it is hoped, will be reviewed by the Law Reform Commission.

IV. PROMOTION AND PROTECTION OF HUMAN RIGHTS

A. Human rights on rubber plantations

19. The independent expert visited the Guthrie Plantation, which was repossessed by the Government of Liberia, on 15 August 2006. An Interim Management team had been put in place and a formalized purchase process was being gradually established. A total of 1,500 workers had been employed, including many ex-combatants. Basic social amenities, particularly hospitals, schools, and clean drinking water, are being supplied. The rehabilitation of these social services for the community is facilitated by the much improved security situation, which is monitored by 12 Liberian National Police and 92 UNMIL troops. There are approximately 36,000 inhabitants on the plantation, and UNMIL facilitated the voluntary return of families of ex-combatants to their home counties at the time of the takeover.

20. The rubber plantations represent a major source of wealth for the Liberian economy and Guthrie Plantation alone is estimated to have generated up to US$ 908,000 between January to June 2005. The situation on this plantation must continue to be monitored. Serious concerns remain regarding the protection of human rights in the remaining major plantations - Firestone, Liberian Agricultural Company (LAC), Salala, Cavalla, Cocopa and Sinoe. The implementation of the recommendations of the Rubber Plantation Task Force is a matter of urgency as the poor living and working conditions on these plantations must be addressed and the rule of law must be restored.

B. Human rights of women

21. The incidence of gender-based violence combined with a lack of implementation of the applicable legislation is a serious concern. Domestic violence and harmful traditional practices are not being addressed and the non-implementation of the above-mentioned Rape Law means that discrimination against women continues unabated. The fact that no redress is available often leads to the unfortunate practice of out-of-court settlements in cases of rape. The Association of Female Lawyers, the only NGO providing free advice and representation for women and children, is undertaking an assessment of the implementation of the Rape Law, which should be available in the next year. To date the Association has been very much Monrovia-based; it is to be hoped that their much-needed assistance will soon be available in the interior of the country.

22. The establishment of a woman and child unit at police stations is, however, a very welcome development. This unit is only present in three counties but the stated intention is that these should be established across the country. Such a unit is now automatically installed where stations are refurbished or to be constructed. UNICEF is providing the training for the staff though there are difficulties in this area. Many trained staff have been deactivated in the downsizing exercise while the command and control structure in many stations is weak.

C. Human rights of children

23. The ratification of International Labour Organization Convention No. 182 (1999), which prohibits the most dangerous forms of child labour, obliges Liberia to take steps to eliminate such practices. The Ministry of Labour has assured that legislation is being drafted to give effect to these provisions in domestic law. It is hoped that the current situation, in which children are employed in their hundreds throughout the country in quarries, and engage in rock crushing and transport activities, can be resolved. Poverty also forces children, who are selling goods at market for their parents, to engage in commercial sex to supplement their incomes.

24. An assessment of reintegration of ex-combatants shows that assimilation of child soldiers has been successful, with only 5 per cent maintaining contact with their former commanders. Furthermore, 70 per cent are now attending school.

V. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

25. The progressive realization of economic, social and cultural rights, as required under the International Covenant, which was ratified by Liberia and entered into force in 2004, continues to pose major challenges. The lack of infrastructure and resources to implement projects is a source of great concern. The crippling Liberian debt, which is the highest per capita debt in the world, is another concern. Due consideration should be given to a debt relief programme so that Liberia can be freed from accumulating debt.

A. The right to work, fair remuneration and regular payment of wages

26. The commitment of the Ministry of Labour to a comprehensive labour reform programme and the ongoing consultation process with all stakeholders is an encouraging development. The fact that there is social dialogue among workers, managers and the Government and that the latter is to invite the workers’ union as an observer to the minimum

wage board is a positive development. The payment of salaries for government employees is now being made on a more regular basis than before and in fact the paymaster is now travelling out to the counties to make payments to local staff.

27. However, the general situation is one of concern as there is 80 per cent unemployment and non-payment of salaries in the private sector continues to be a problem. The Ministry of Labour plans to create 12,000 additional jobs by March 2007, primarily in the agricultural sector, and there is a great need to concentrate on labour intensive industries.

B. The rights to physical and mental health

28. The existence of many illegal and privately run orphanages is a major concern. The system to date has lent itself to exploitation of children and families. The publication of draft minimum standards for operating orphanages in Liberia by the Ministry of Health and Social Welfare, after a consultative process involving the Child Protection Network Task Force, is a major step forward and the speedy adoption of these guidelines is now urgently required. The Ministry, in coordination with the Child Protection Network, has established a list of over 60 orphanages for closure and arrangements are being put in place for the placement of those children whose parents cannot be traced and in whose case reunification is not possible. The Minister for Social Welfare reported that any closures have to be carefully coordinated with the Ministry of Justice, as past attempts had failed, following legal challenges. The matter has become very politicized and the legislature has frequently called on her office for explanations in relation to specific closures. However, the Minister assured us that as soon as the documentation was finalized further closures would commence. A visit to one such unaccredited orphanage, which housed 61 children in totally inadequate and substandard conditions, was described to the Minister.

29. In relation to the general health system, it is reported that there has been no progress on maternal and infant mortality since the last report. The rate of tuberculosis is in fact on the increase and this development may well be related to the incidence of HIV/AIDS. The Ministry reports that education on HIV has in fact been sporadic to date and recent acceptance of the proposal for funding under the Global Fund was warmly welcomed.

C. The right to education

30. The Government has attempted to introduce free primary education this school term. Principals may no longer levy school fees but a campaign to sensitize parents to the new system is needed. The Ministry of Education has supplied stationery but some concern was raised that the funds for school materials and maintenance are not being fully replaced by the State. Considerable financial assistance to the State is required in this area. It was decided not to require primary education to be compulsory at this stage as neither the necessary infrastructure nor an adequate number of facilities are in place.

31. A national policy on the education of the girl child, which acknowledges the need to establish sustainable measures to address gender inequality in the education sector, was first published in 2005. The Ministry of Education recognized the need to establish proactive

measures to accelerate the presence of girls in the educational system. Furthermore, there are three regulatory bodies for the implementation of these education policies at local level. However, progress has been slow due to a combination of cultural/traditional attitudes and the lack of resources within the Ministry.

VI. WORKSHOPS CONDUCTED

32. At a workshop organized by UNMIL which took place on 21 November 2006, the follow-up to the last report (E/CN.4/2006/114) was discussed. The incidence of gender-based violence, and particularly the status of implementation of the amended Rape Act, was then discussed in some detail. A plan of action was elaborated by the national task force on gender-based violence, on which the line ministries, the United Nations, and both non-governmental and governmental organizations are represented, aims to promote awareness and make strategic interventions to prevent such violence and support victims. The establishment of safety shelters for victims of such violence together with the much needed physiological support was identified as a priority.

33. While the new Rape Act provides greater protection, particularly a broader definition, increased age for statutory rape, and the creation of the offence of gang rape, a number of concerns were expressed. The weak implementation of the legislation and, at the time of writing this report, only one conviction recorded, points to a clear need for more effective training of investigators, prosecutors and judges. The phenomenon of out-of-court settlements in these cases was cited as an example of the creation of an atmosphere of impunity. Revision of the legislation to address such vital issues as rape by juveniles and to render illegal out-of-court settlements is urgent.

34. Civil society and government officials expressed serious concerns about UNMIL accountability in cases of alleged rape/sexual assault by members of the mission. Local authorities accept that these individuals are not subject to national jurisdiction but the absence of any information on the follow-up to investigations or action taken was an issue raised by a number of interlocutors. The argument was made that these matters deserve to be clarified as there is a need for justice to be seen to be done and people want to know that there is accountability by all.

VII. OBSTACLES AND CONCERNS

35. If the work of TRC is to continue and to be effective, it will be necessary to increase activities on several fronts. The establishment of an effective secretariat, and the submission of a strategy document to donors (as opposed to seeking funding for ad hoc activities), is needed in order to inspire confidence in the donor community. Funding will be a critical issue in the life of TRC and remedial steps must be taken immediately.

VIII. CONCLUSIONS

36. Both positive developments and areas of concern have been highlighted in the report. This is the first year in the life of the newly elected Government and the support of the international community for the ambitious programme of reform, which touches on all areas of economic, social, civil and political rights, must be forthcoming. The authorities have given

clear signals that they view the work of the Truth and Reconciliation Commission as an imperative in these early years. The operational independence of the institution is respected by both the national and international actors but it should always be remembered that the reconciliation process belongs to the people of Liberia. Reconciliation is a process and it is essential that the key institutions of the judiciary be established, so that the conditions to avoid a relapse into conflict are set. The legal obligation of the international community to assist in relation to the realization of economic and social rights, and particularly with efforts at poverty reduction, must also be met by the implementation of deliberate, concrete and targeted measures by the national authorities in the key areas of housing, food, health, education and work. This will not be achieved overnight. The efforts to divert potential funds saved as a result of the anti-corruption drive is welcome, but it will be a long, hard battle and banning corruption is not enough; there must be enforcement. It is only by working together that these enormous challenges facing Liberian society can be overcome.

IX. RECOMMENDATIONS

37. The independent expert makes the recommendations that follow in the paragraphs below to the Government of Liberia, the donor community and the Office of the High Commissioner for Human Rights.

38. The strengthening of the judicial system is crucial to the promotion and protection of human rights and to ending impunity. In this regard, the earlier recommendation of engaging judges and prosecutors from outside Liberia, including as mentors, is still very pertinent. OHCHR, the African Union, the Economic Community of West African States (ECOWAS), the European Union (EU), United Nations agencies and UNMIL must continue to talk to the Government, the Chief Justice, and all stakeholders to work towards the realization of this recommendation.

39. An earlier recommendation to the Government of the United States of America to offer scholarships to qualified Liberians to study law and for postgraduate courses is pertinent. In this regard, affirmative action, as reflected in article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women, should be implemented in Liberia to attract more females into the legal profession. At the same time, the international community is being requested to assist in improving the law faculties of universities in Liberia.

40. OHCHR should provide more funds through technical cooperation services for the re-establishment of the Human Rights Unit in the Ministry of Justice.

41. OHCHR should provide more funds to conduct workshops on international human rights instruments for the legislature, judicial service and all law-enforcement agencies. 42. OHCHR, United Nations agencies and international NGOs should support the Women and Children’s Unit of LNP.

43. OHCHR should provide funds to enable sector ministries and relevant civil society organizations to respond regarding the State party of Liberia’s obligation to report on treaties ratified.

44. The Government of Liberia, OHCHR, ECOWAS, AU and other stakeholders should seriously consider making all assistance available so that proper implementation of the Truth and Reconciliation Commission Act might be achieved.

45. All stakeholders, having learnt from the experience of the non-performance of the Commissioners of TRC, should hasten the process of the establishment of the Independent Human Rights Commission.

46. OHCHR and the donor community should help the Government of Liberia establish a mission in Geneva.

47. The Government of Liberia should consider proposing an amendment to the Constitution allowing all international treaties to become part of domestic law, i.e. move from a dualist to a monist system.

48. The repeal of discriminatory and offensive legislation such as the “Hinterland Regulations” be immediately tabled by the Legislature.

Undertakings/suggestions

49. Finally, commitments and suggestions made by the independent expert include that:

− She would intervene with the Swiss authorities in relation to the establishment of a Liberian Mission in Geneva and will seek advice from other countries that would be prepared to support the establishment of such a presence;

− The independent expert would intervene with the Government of Ghana regarding the resettlement of Liberian refugees in Ghana;

− The Government of Liberia should request the United States of America to offer scholarships to law graduates so the legal training and the judicial system can be strengthened;

− UNMIL should clarify with local authorities the status of any cases involving allegations of sexual misconduct against Liberian nationals by United Nations peacekeepers, staff members or any others contracted or subcontracted to carry on work on its behalf;

− TRC should request the assistance of UNMIL to disseminate explanatory information;

− The offer of the Finnish delegation, made during the third session of the Human Rights Council, in relation to the provision of psychological support and assistance to TRC, should be taken up;

− The international community should move towards the creation of a fund for victims of rape and sexual violence in Liberia.

ANNEXES

Annex 1

LIST OF INTERLOCUTORS

Government officials

H.E. Ellen Johnson Sirleaf President of the Republic of Liberia

Hon. Natty Davis Acting Minister of State for Presidential Affairs

Hon. George W. Wallace Jr. Minister of Foreign Affairs

Hon. Frances Johnson Morris Minister of Justice and Attorney General

Hon. Johnnie Lewis Chief Justice

Hon. Mr. Kofi Woods Minister of Labour

Hon. J. Amadu Kiawu Deputy Minister for Urban Affairs, Minister of Internal Affairs

Amb. William V.J. Bull Deputy Minister of Foreign Affairs

Hon. Hawah Goll-Kotchi Deputy Minister for Administration, Ministry of Education

Cllr. Krubo B. Kollie Deputy Minister for Legal Affairs

Hon. Vivian J. Cherue Deputy Minister of Health in Charge of Social Welfare

John Josiah Deputy Minister for Administration, Ministry of Labour

Hon. Beatrice M. Sieh Inspector General, Liberia National Police

Asatu Bah-Kenneth Deputy Inspector General, Administration, Liberia National Police

Rosetta Jackollie Assistant Minister, Labour Standards

Dr. Moses Pewu Assistant Minister/Deputy Chief Medical

J. Cole Bangalu Assistant Minister, Regional Labour Affairs

Kabinah T. Kamara Assistant Director, Liberia National Police

Reginald Metingnine Director General, Labour Standards

E. Flomo D. Bana Director, Labour Standards

J. Allison Barco Special Assistant, Minister of Internal Affairs

Stephen G. Scott Special Assistant, Minister of Labour

B. Bonokollie Zinnah Special Assistant, Inspector General, Liberia National Police

Mrs. Julia Duncan-Cassell Superintendent of Grand Bassa

Victor Login Major in Charge of Buchanan Central Prison Evelina Quaqua Circuit Resident Judge of Bopulu

Anothony T. Merchant Manager, Interim Management Team

Marcus Gorwor Liberia National Police

Weah B. Goll Sectional Head, Central Police Station, Liberia National Police

Jacob Foley Magistrate, Guthrie

Joseph S. Boakai Clerk, Guthrie Court

Legislature

Hon. Mr. Edwin M. Snowe Speaker of the House of Representatives

Hon. Fredrick D. Cherue Chair, Standing Committee of the Human Rights (Senate)

Hon. Moses S. Tantianpolie House Representative, District 9

Joseph O. Lathrobe Acting Chief of Office Staff

Truth and Reconciliation Commission

Dede Kolopei Vice Chairperson

Oumu Syllah Commissioner

Massa A. Washington Commissioner

Bishop Arthur F. Kulag Commissioner

Cllr. Pearl Brown Bull Commissioner

Gerald B. Coleman Commissioner

John Stewart Commissioner

Prof. Ken A. Attafuah ITAC Member

Foday Kamara Ag. Executive Secretary

UNMIL officials

Mr. Jordan Ryan Deputy SRSG for Recovery and Governance

Dorota Gierycz Chief, Human Rights and Protection Section

Adam Abdelmoula Deputy Chief, Human Rights and Protection Section

Joanna Foster Senior Gender Advisor

United Nations agencies and bodies

Rose Gakuba Country Representative, UNFPA

Raouf Mazou Regional Repatriation Manager, UNHCR

Keith Wright Senior Protection Officer, UNICEF

Sitta Kai-Kai Senior Programme Officer, WFP

Awa Dabo Human Rights and Protection Programme, UNDP

Embassies and diplomatic missions

H.E. Peter Owusu Head of Chancery, Embassy of Ghana

H.E. Mr. Ansumana Ceesay Special Representative of the Executive Secretary of the Economic Community of West Africa (ECOWAS)

H.E. Mr. Noumou Diakite Head of Office, African Union (AU)

H.E. Mr. Jeremy Tunnacliffe Chargé d’Affaires, European Commission

H.E. Mr. Louis Mazel Deputy Chief of Mission, Embassy of the United States of America

Civil society organizations and NGOs

Jacob P. Corporal TRC Statement taker, Buchanan

Esther D. Smith Don Bosco Homes

Omike Freeman-Goodring Don Bosco Homes

Natathieni Roberts Don Bosco Homes

Solomon D. Pratt Don Bosco Homes

Nathan A. Onumah Justice and Peace Commission

Samuel W. Cooper Federation of Liberian Youth

Josie Watson Children Assistance Programme

Ojue M. Williams Children Assistance Programme George B. Gaybueh Progressive Youth of Bassa

Wilmot Grove Liberia Refugee Repatriation Reintegration Commission

Nathaniel J. Peters Liberia Refugee Repatriation Reintegration Commission

Louise Gbarwhoen Bassa Women Development Association

Estelle M. K. Pailey Bassa Concerned Citizens Movement

Rev. Dr. Abba Karnga Resilient Council of Elders

Alfred J. Duah Handicap International

Josiah Z. Reeves BUCCOBAC

George Borbor BUCCOBAC

N. Sceedeaka Jarkah Liberian Youth for Unity

Alfred Quayjandi National Human Rights Centre of Liberia Nevdoteh B. Torbar Movement for Peace and Reconciliation in Liberia

Collins Yaakpazuo Center for the Promotion of Democracy in Liberia

Sayor E. Wahtoson Center for the Promotion of Democracy in Liberia

Rosalind Neufuille Women and Children Advocacy

Ezekiel Pajibo Center for Democratic Empowerment Bah-Wah Bromwell Green Advocates

G. Archie Sesay Norwegian Refugee Council

Annex II

WORKSHOP ON THE REPORT OF THE INDEPENDENT EXPERT ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN LIBERIA

Tuesday, 21 November 2006

UNMIL Green Building, Monrovia

Attendance list

Government officials

1. Hon. Tiawan Gongloe Solicitor General

2. Cllr. Krubo B. Kollie Ministry of Foreign Affairs 3. Mr. James Bemah Ministry of Internal Affairs 4. Rosetta Jackollie Ministry of Labour 5. Regina Menpehaim Ministry of Labour 6. Jeremiah Witherspoon Ministry of Youth and Sports 7. Attorney Viama Blama Minister of Education

Diplomatic community

8. His Excellency Mr. Noumou Diakite African Union

9. Dave Olabusi African Union

Members of the judiciary 10. Cllr. Milton Taylor Magistrate, Monrovia City Magisterial Court 11. Attorney Sylvester Rennie Magistrate, New Kru Town Magisterial Court 12. Francis Fayah Magistrate, Careysburg Magistrate Court

Members of the legislature

13. Hon. Mr. Moses Tadanpolie Chair, Standing Committee on Internal Affairs, House of Representatives

14. Hon. Mr. Armah Sarnor Chair, House Standing Committee on the Judiciary, House of Representatives

15. Hon. Mr. Abraham Nuquay Chair, Standing Committee on Human Rights, House of Representatives

Truth and Reconciliation Commission

16. Cllr. Pearl Brown Bull Commissioner

17. Oumu Syllah Commissioner

Non-governmental organizations

18. Jeremiah Yarkpazuo Center for the Promotion of Democracy in Liberia

19. Morris M. Kamara Movement For The Defence of Human Rights

20. Kelvin Mantor Children Assistance Programme 21. R. Jarwlee Geegbe Prisoners Assistance Program 22. Neiboteh Torbor Movement for Peace and Reconciliation 23. Momolu G. Kandakie Justice and Peace Commission 24. Adama K. Dempster Human Rights Protection Forum 25. Bah-Wah Brownell Green Advocates 26. Roosevelt Sackor Liberia National Law Enforcement Association

United Nations agencies

27. Kagwiria Mbogori UNIFEM

28. Masaneh Bayo UNDP 29. Mohammed E. Fahnbulleh UNDP 30. Sharon Cooper UNHCR 31. Lily Cooper UNHCR 32. Steven Loegering WFP 33. Dr. Francis Nde WHO

UNMIL

34. Dorota Gierycz

35. Adam Abdemoula 36. Joana Foster 37. Bipin Adhikari 38. Ireneo Namboka 39. David Ntambara 40. Joseph Gillespie 41. Raphael Abiem 42. Kamudoni Nyasulu 43. Ayo E. Scott

Annex III

MAP OF LIBERIA

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