TRC Offers Golden Chance for Pardon

MONROVIA – The Truth and Reconciliation Commission (TRC) has proposed what keen observers characterize as a ‘golden chance’ for pardon for those who committed wrongs in the Liberian conflict.

The opportunity for pardon also includes those whom the Commission has recommended for public sanctions.

In its final and edited report, the TRC had listed about 50 persons, including some political leaders and financiers of former warring factions, whom the commission had targeted for public sanctions. The sanctions constitute a series of justice mechanisms, punitive in nature, which are short of prosecution, but intended to redress impunity and maintain public integrity in public service.

Public sanctions, said the commission, may take the form of lustrations (purification by sacrifice, such as killing a cow); debarment from holding public office; restitution; public apologies, written or oral; community service; compensation of victims; and other social responsibilities that may be imposed for the sake of atonement.

The commission’s list of those recommended for public sanction include Allen Brown, Sr., Randolph Cooper, Ethelbert Cooper, Toga McIntosh Gayewea, Jackson E. Doe, D. Bob Taylor, Dew Mason, Nyan Menten, Clarence Simpson, Byron Tarr, Harry Yuan, Ellen Johnson-Sirleaf, Isaac Nyenabo, Kabineh Ja’neh, Archie Williams, Tonia King, J. Appollo Swen, Joe Gbala, Thomas Ziah, Maxwell Karba, Ignatius Clay, Vamba Kanneh, Valee Keita, Paul Mulbah, El Mohammed Sheriff, Kwame Fofana, Alieu Kosia, Albert S. Toe, Weade Kobbah Wureh, Octavious Walker, Lavela Supuwood, Tom Woewiyu, Tarnue Marwolo, James Chelley, Amos Lincoln, Noah Bordolo, Edward Slangar, Tigae Wontee, Mohammed Joumande, Prince Sio, Abbas Kenneh, Aisha Konneh, Morris Dolley, Alhaji Sekou Fofana, Charles Bennie, Moses Jarbo, K.B.K. Sando, Kai Farley, Joe Tuah and Grace Minor.

The TRC further indicated that “all those associated with former warring factions, their leaders, political decision makers, financiers, organizers, `commanders and foot soldiers shall be subject to public sanctions in one form or another.”

The list of those targeted for sanctions, comprising political leaders and financiers of different warring factions “is by no means exhaustive,” the TRC Report stated. “All other persons similarly situated shall be subject to public sanctions as in section 14.2 and specifically barred from holding public offices, elected or appointed for a period of thirty (30) years.”


Accountability: National Palaver Hut Commission

The report indicated that The Palaver Hut is another ‘justice and accountability’ mechanism, with the traditional orientation to foster national healing and reconciliation at the community and grass root levels, creating the opportunity for dialogue and peace building.

“It requires that all perpetrators, their associates, warlords, financiers, organizers, activists; whether named or not in the TRC report but who have committed some wrongs, including assaults, destruction of property, forced displacement, looting, robbery, extortion, etc. The purpose of the Palava Hut is to afford anyone who has committed [a crime], whether knowingly or unknowingly, against an individual or the state, to admit the wrongful act and seek pardon from the people of Liberia through the Palaver Hut.

“The Jurisdiction of the Palaver Hut to render pardon,” said the TRC Report, “shall be limited to lesser crimes only; provided that a recommendation from the Palaver Hut in favor of anyone accused of the commission of a high crime or gross human rights violations is made to the Head of State or a court of competent jurisdiction. The Palaver Hut shall be established in all Statutory Districts and may extend to towns or villages as the need may arise,” the Report added.


The Palaver Hut

The commission recommended that “Anyone who has committed, any wrongful act associated with the Liberian civil war, whether knowingly or unknowingly, against anyone may seek pardon from the people of Liberia through the Palaver Hut. Anyone who has committed, any wrongful act associated with the Liberian civil war, whether knowingly or unknowingly, against another individual or group, and who has refused to take advantage of the Palaver Hut process, will be subject to public sanctions, lustrations, debarment from holding public office for life, and criminal and civil prosecution in a court of competent jurisdiction, etc.”

This means that all those whom the TRC Report has listed for sanctions may go to the Palaver Hut and seek the forgiveness of the Chiefs, Elders and credible opinion leaders of the nation.

On other forms of Accountability – traditional and informal mechanisms – the Commission asserted that the Palaver Hut may adopt other traditional and informal mechanisms for justice and accountability including penalties and sanctions as local culture and traditions and customs may warrant.


Mandate of The Commission

The Commission was established in the Ghanaian Capital, Accra, by former Liberian warring factions, political leaders, representatives of the civil society to promote national peace, security, unity and reconciliation by investigating gross human rights violations and violations of international humanitarian law as well as abuses that occurred, including massacres, sexual violations, murder, extra-judicial killings and economic crimes, such as the exploitation of natural or public resources to perpetuate armed conflicts, during the period January 1979 to October 14, 2003.

The TRC was also established to determine whether these were isolated incidents or part of a systematic pattern; establishing the antecedents, circumstances, factors and context of such violations and abuses; and determining those responsible for the commission of the violations and abuses and their motives as well as their impact on victims.

“Notwithstanding the period specified herein, the Commission may, on an application by any person or group of persons, pursue the objective set out in this Article IV (Mandate of the Commission) in respect of any other period preceding 1979.

The Commission was created to also provide a forum that will address issues of impunity, as well as an opportunity for both victims and perpetrators of human rights violations to share their experiences in order to create a clear picture of the past to facilitate genuine healing and reconciliation; to investigate the antecedents of the crises which gave rise to and impacted on the violent conflict in Liberia; to conduct a critical review of Liberia’s historical past, with the view to establishing and giving recognition to historical truths in order to address falsehoods and misconceptions of the past relating to the nation’s socio-economic and political development.

The Commission was further empowered, through the act that created it, to adopt specific mechanisms and procedures to address the experiences of women, children and vulnerable groups, paying particular attention to gender based violations, as well as to the issue of child soldiers; providing opportunities for them to relate their experiences; addressing concerns and recommending measures to be taken for the rehabilitation of victims of human rights violations in the spirit of national reconciliation and healing. It was also mandated to compile a report that includes a comprehensive account of its activities and findings.