Liberia: “In The Absence of Justice, There Can Be No Peace

Cllr. T. Dempster Browne, Chairperson of the Independent National Commission on Human Rights (INCHR), recently told over 100 war victims that in the absence of justice, there could be no peace and stability.

Therefore, he said, the commission would not rest until a war crimes court is established to prosecute major perpetrators who carried out atrocities during Liberia’s 14-year brutal civil war.

“And let me say it here clearly that there should be justice for all the heinous crimes committed during the war in Liberia if we are to sustain the peace and stability we are enjoying today. So the Commission is determined to do everything possible to bring to justice by means of lobbying those who committed heinous crimes against our brothers and sisters,” he said.

According to him, besides the establishment of the war crimes court, the Commission will also be on its feet to ensure that there is peace and stability. Also, he stressed, anybody who puts fear in them because they stand on the establishment of the court to provide justice for the poor, God will punish them.

Browne made these remarks at the launch of the Sanoyea District Palava Hut Hearing in Bong County, sponsored by the United Nations Development Program (UNDP) in Liberia, under the theme, “Peacebuilding, Reconciliation, and Social Cohesion Project 2020-2024”.

He said the TRC recommendation on a Palava Hut hearing mechanism is aimed at seeking a stage for justice.

“As we launch this program today, keep in mind that those who have offended you will not go free; they will be prosecuted, either under domestic or international law; these are minor offenses, but they must be prosecuted,” he added. Browne said the ongoing palaver hut hearing is intended for people in Sanoyea to voice out what happened to their families and other relatives, among others, but it was not a criminal investigation that they are carrying on there.

At least 75 people were slaughtered in Sanoyea, including women, children, and senior citizens, according to Browne.

He said, “So, the reason we are here is to listen to your plights, but the question is, will you be able to forgive those who committed the massacre and who killed your relatives? It is difficult because, where there’s no justice; there is no peace at all. Where there is justice, there is no reconciliation.”

Browne also promised the people of Sanoyea that the INCHR will defend their rights and that they should notify any government officials who violate their rights because the commission is legally permitted to summon any Liberian official. He indicated that there are people in the government that are trying to undermine the establishment of the war crimes court.

Earlier, Stephen Rodriques, UNDP’s Resident Representative to Liberia, commended the reconciliatory approach of the Palava Hut mechanism but called for the review and implementation of the other important recommendations of the TRC report.

This, Rodriques said, has been accomplished through four hearings, presided over by the elders, with technical support from the country’s Independent National Commission on Human Rights.

He disclosed that the current hearing is the fifth edition that guarantees justice to war victims as part of the effort to deal with the conditions and obstacles from the war, which resulted in thousands of deaths and millions of ruined homes.

He asserted that the Palava Hut hearings are a conventional restorative justice and accountability mechanism that the former Truth and Reconciliation Commission of Liberia recommended as an additional mechanism to recommendations to establish a war crimes court to provide justice for war crimes, including genocide and crimes against humanity, committed during the civil war.

“Traditional forms of justice, which focus less on punishment, are often far more efficient in clearing up cases and maintaining social cohesion” Rodriques said. “From Rwanda, it was estimated that it would have taken well over 100 years to try the cases arising from the genocide, yet the traditional Gacaca courts heard and resolved them in a few years.

Rodriques gave Liberians his word that there would be an end to the conflict and that those responsible for wartime crimes against humanity would face justice.

In addition, he urged Sanoyea residents to report and put an end to any acts of violence before, during, and after the impending presidential and general elections in Liberia in 2023. He also advised them to avoid any political disagreements that would result in anarchy.

According to Rodriques, the goal of the hearing at the palava hut is not to pressure or coerce people into cooperating again; rather, it is to promote reconciliation.

He urged Liberians to support the Truth and Reconciliation Commission's implementation of the Palava Hut Hearing procedure.

Rodriques underlines that peace should exist in the thoughts and hearts of everyone who has been impacted in some manner, that the war in Liberia has come to an end, and that there is no need for any Liberian person to maintain resentment toward their fellow citizens.

Also speaking, Esther Walker, Bong County Superintendent, urged the youth to embrace forgiveness and reconciliation in settling their disagreements in order to create a better Liberia, saying that it is the responsibility of Liberians to maintain peace.

“The Liberia we desire can only be achieved by Liberians, and in order to do so, we must all show forgiveness to one another,” she said. 

Isaiah Harris, chair of the Sanoyea District Palava Hut Committee, described the procedure that will be used to provide a conducive environment for Liberians who have suffered from the civil war to settle their issues for peaceful coexistence.

The hearings, according to Harris, will guarantee that those who deserve it receive justice, and the hut will be utilized by everyone nearby to uphold peace in Liberia.

In order to ensure the district's calm, which will pave the way for proper and long-lasting development, he observes that the team has done its utmost to work within the timetable given to hear instances that have already been recorded.

Meanwhile, the Palava Hut mechanism brings together those harmed by the civil war and those responsible, both of whom usually live side-by-side in the same community, to speak to each other in order to secure an apology, pardon, and restitution for the harmed; to rebuild relationships between victims and perpetrators of war crimes, and to promote overall social cohesion.

The Palava Hut mechanism was specifically mandated to address human rights violations of the Liberian civil war classified as “lesser in gravity”, including arson, forced displacement, forced labour, looting, destruction and theft of properties, desecration of sacred places, assault and torture. 

With support from UNDP, the Independent National Commission on Human Rights (INCHR) in Liberia has to date conducted Palava Hut hearings in four counties — Tchien District, Grand Gedeh County (2016); Voinjama District, Lofa County (2017); Tewor District, Grand Cape Mount County (2020); and in Central C District, Rivercess County (2021). 

To date, the Palava Hut mechanism has helped resolve 277 war-related cases that involved more than 500 people — 275 victims and 244 perpetrators — in a bid to ensure accountability for the myriad of atrocities and human rights violations committed during the civil war. It has also conducted six reconciliation dialogues, helping to bring closure to the hurt, bitterness and hard feelings between community members.

These were part of the TRC recommendations, which had not been fully implemented by the Ellen Johnson Sirleaf administration following the end of the country’s civil conflict and the country’s return to democratic rule.

However, President George Weah has been put on official notice by a representative of the United Nations regarding the implementation of recommendations of the country’s Truth and Reconciliation Commission (TRC).

The country was plunged into one of the modern-day’s most brutal armed conflicts, beginning in December 1989, with a rebel invasion led by now convicted former President Charles Taylor. An estimated 250,000 people died, and another 1.5 million others were internally and externally displaced. The armed conflict in Liberia spilled over into neighboring counties as well. Thousands of others were maimed, raped, and mutilated by bands of militias.