Liberia: Senate Treads Slowly on WECC Resolution

Despite 42 out of 72 members of the House of Representatives signing a resolution calling for the establishment of the War and Economic Crimes Court in Liberia, members of the Senate have deemed it expedient to defer actions on the nationally critical instrument that seeks to bring a conclusion to the wanton atrocities that were committed during the civil war.

Less than 24 hours following the passage of the resolution by the Lower House, the Senate, during its Thursday, March 7, sitting, referred the matter to its Judiciary and Security committees for further review–a move that comes amid clarion calls from citizens, civil society actors, and friends of Liberia in the international community for the establishment of the WECC.

The committees have been mandated by the Senate plenary to take seize of the resolution and report in two weeks. Many believe this could cause delays to the concurrence of the resolution passed in the House of Representatives.

Unlike the House of Representatives, the Senate has been swayed by some senators raising concerns on the nature and kind of resolution, a motion filed by Maryland county Senator J. Gbleh-Bo Brown.

A growing wave of disagreement from senators on the establishment of the WECC has been seen in recent times since the Boakai administration decided to take a more proactive stance on the matter.

Some senators have expressed differing opinions on the establishment of the WECC, citing concerns about its potential impacts on Liberian society.

Senators, including Thomas Yaya Nimely, Prince Y. Johnson, and Albert T. Chie from Grand Gedeh, Nimba, and Grand Kru Counties, respectively, have all expressed their disapproval of the establishment of the Court.

Former Senate Pro-Tempore Albert Chie recommended exploring other reconciliation mechanisms outlined in the Truth and Reconciliation Commission report instead of pursuing the WECC. 

A few days before the resolution surfaced on the Senate’s floor, a communication from former Pro-Tempore Albert Chie asked his colleagues to consider other recommendations in the Truth and Reconciliation Commission report instead of establishing the War and Economic Crimes Court.

In his communication to the Senate’s plenary, Senator Chie informed his colleagues to revert to decisions made during the 54^th Legislature, where the senate advised former President George Weah not to venture into establishing the court but implement recommendations enshrined in the True and Reconciliation Council Report.

The former Senate Pro-Tempore said the constitution and other legal prohibitions may not easily permit the establishment of a said tribunal on Liberian soil on grounds that Liberia acceded to the Rome Statute after the end of the civil war.

The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court. It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of February 2024, 124 states are party to the statute. Liberia signed the treaty on July 17, 1998 and ratified it on September 22, 2004, becoming the 96th State Party to the Rome Statute.

“Domestic economic crimes committed during the period of the civil crises can only be adjudged and litigated in domestic criminal courts under the Liberia domestic jurisprudence, and cannot be subject to an international criminal tribunal,” Chie’s communication indicated.

The Senate immediately Chie reminded the lawmakers that In their report sent to former President Weah, it was indicated that the President of Liberia offered an apology on behalf of the State for the many victims and people of Liberia in general the injuries and losses sustained by individuals and communities.

The Grand Kru Senator called on the President in line with the TRC report, to without further delay set up a Reparations Trust Fund for victims and communities.

The Senator echoed the need for the National Palaver Hut Program and other programs for national healing, peacebuilding, and reconciliation aimed toward restorative justice started by former President Ellen Johnson Sirleaf.

He is also seeking a plenary to mandate the requisite budgetary appropriations, beginning with the 2024 national budget.

These moves by Senators and the plenary of that august body come as the international community, especially the United States, is pushing from all fronts for the establishment of the court.

United States Ambassador-at-Large for Global Criminal Justice has assured Liberians that her government stands ready to lend the needed support for the establishment of a war and economic crimes court in the country

“The U.S. government looks forward to working with all Liberians to make the court a reality,” Ambassador Beth van Schaack, who has been on a few days’ mission here, said in her farewell statement posted on the U.S. Embassy website.

In a tone that denotes a successful mission, an optimistic Schaack added that she is “Leaving on a great note,” as she performed what is becoming known as the ‘Liberian handshake’ with President Joseph Nyuma Boakai.

“The U.S. government looks forward to working with all Liberians to make the court a reality,” she said. “It was a privilege and honor to meet with President Boakai, following his pledge to establish a War and Economic Crimes Court in Liberia.”

During her visit here, Ambassador Van Schaack met with a wide cross-section of government officials and civil society groups committed to delivering justice. 

The momentum for the establishment of the War and Economic Crimes Court (WECC) in Liberia is gaining significant traction as the House of Representatives voted unanimously to endorse a resolution for its establishment. 

A majority of members (49) of the House of Representatives on Tuesday, March 5, during the 16th day sitting, affixed their signatures to the instrument, signaling a milestone that, at long last, perpetrators of heinous crimes and plunderers of the Liberian state are at the verge of being held to account for their actions. 

The House’s decision is unprecedented as it marks the first time since the Civil War that such action has been taken by the Legislature. 

Proponents have long advocated for justice through the establishment of a court to address wartime atrocities.  

Despite past delays and diverging proposals, the renewed push for accountability highlights a growing consensus among various stakeholders in Liberia. 

Meanwhile, discussions continue within the Senate regarding the best course of action, moving forward in line with past recommendations and legal considerations.