Liberia: House Endorses Senate’s Version of WECC Resolution

The House of Representatives has unanimously voted to accept the amended version of the Resolution to Establish the War and Economic Crimes Court (WECC) of Liberia by the Senate. 

Over 61 Representatives, including the Speaker, members of the House‘s Leadership, and Representatives from Nimba County, the majority of whom initially declined to endorse the WECC resolution, affixed their signatures and voted to concur with the Senate’s version. 

Prior to signing the Senate’s version of the WECC resolution, Speaker Koffa encouraged his colleagues: “The House’s resolution had 42 signatures we sent over to the Senate; the Senate has sent us back what they called an amended version. We have had an opportunity with our lawyers to review the amended version. The two resolutions said essentially the same thing; the House of Representatives in its resolution sought to call for the establishment of the War and Economic Crimes Court, and called for the continuation and recommendations of the Truth and Reconciliation Commission (TRC) process; the Senate in its resolution does the same thing.” 

Speaker Cllr. Koffa said:” Procedurally, we could send it back to establish a conference committee and I can guarantee you that in the conference committee deliberations, there will be an argument between Sen. Chea, the chairman of the Judiciary Committee of the Senate, and Rep. Thomas, the House’s Judiciary Chairman, on what we ‌called in corporate law, the Battle of the Forms — everybody will want their language rather than the other guy’s language., when in fact they said the same thing.” 

The Speaker added: “Because the sense of the House of Representatives that this is so important, we have reviewed and asked you to concur with the Senate’s version and send it to the President today for signature.” 

The Speaker’s persuasive nature led about 63 Representatives to sign in concurrence with the Senate’s WECC. 

The motion to accept the Senate’s amended version was proffered by Grand Bassa County District #5 Representative Thomas Goshua and seconded by more than seven persons, including Rep. Yekeh Kolubah, Taa Wongbe, Eugene Kollie, and others. 

Meanwhile, Twenty-eight senators on Tuesday, April 9, during the 3rd Day Special Sitting, the first session of the Senate of the 55th Legislature, unanimously agreed to the establishment of the WECC). The decision was in concurrence with the House of Representatives.

The members of the Senate termed their Resolution, the “Establishment of the Extraordinary Criminal Court and Domestic Corruption Court for War and Economics Crimes.”

Maryland County Senator James Binney was the only senator who did not sign the resolution, while the other seat was still vacant, pending the election of a new senator for Nimba County to replace Jeremiah Koung, who was elected Vice President in 2023.

Former President Senate Pro Tempore and Grand Bassa County Senator Gbehzohngar Findley and his colleagues thanked Speaker Koffa, who shepherded it and also thanked Senate Pro Tempore Nyonblee Karnga-Lawrence and Senators for affixing their signatures to concur.

Many doubted the Liberian Legislature would ever take such a bold step forward in the transitional justice process — to prosecute war criminals, despite threats of dire political consequences.

In the resolution that has been agreed upon by both Houses, they called on President Joseph Nyuma Boakai to write the UN, the EU, and the US government expressing the Liberian government's intention to establish the Extraordinary Criminal Tribunal on Liberian soil and thereby request financial and other assistance; develop a financial resource mobilization.

According to the resolution, the Executive shall “develop a legal framework and submit same to the Legislature for enactment into law for the establishment of an Anti-Corruption Court (ACC), under domestic jurisprudence, for fast-track trial of those who will be investigated and subsequently indicted for acts of corruption and other economic crimes committed from 1979 to 2003.

“Such crimes committed from 2004 to the present constitute a constitutional rule. This fast-track corruption court shall remain the primary court for the dispensation of justice for corruption and other economic crimes going forward, in line with Liberia's Penal Code and prevailing international laws and standards.”

The resolution also requested additional actions from the President: 

(5) That the President shall report to the Legislature as to the progress made on the establishment of the two courts as well as challenges if any, or outcome(s) of his engagements with the United Nations, the EU, the US Government, and other international partners regarding the resource mobilization plan and results, including domestic resource mobilization through the budgetary process, pursuant to this Resolution; 

(6) That consistent with Chapter 2, Article 5(c) of the 1986 Constitution, the President shall issue an Executive Order to establish the Office of War Crimes (OWC) within the Ministry of Justice, and appoint forthwith, a Special Envoy or Officer-In-Charge (OIC), duly certified by the International Criminal Court (ICC) in The Hague, Netherlands, or the African Court on Human and Peoples' Rights (ACtHPR) or any other International Courts and Tribunals with the relevant experience, qualification and competence in international criminal law and practice, to organize and coordinate all actions and activities regarding the Court and assist the President to mobilize resources and do all that is legally feasible, including the establishment of a secretariat, where applicable, to facilitate its operations and the successful implementation of its mandate, among others, done in consultation with the UN, the EU, the US, and/or other independent parties; and 

(7) That to jump-start this renewed campaign of national reconciliation and healing as the final phase of Liberia's recovery process, the President shall implement the following recommendations of the TRC

(a) Offer an apology on behalf of the State to the many victims and the people of Liberia ‌for its role in the conflict and the injuries and losses sustained by individuals and communities; 

(b) Work with the United Nations, the EU, the US Government, and other international partners to set up a Reparation Trust Fund (RTF) for victims and communities worst affected by the conflict, to benefit through direct financial assistance or development programs and projects; and 

(c) Continue the National Palava Hut Program and other programs for national healing, peacebuilding, and reconciliation; and 

(d) Construct a national monument to commemorate the victims of the atrocities, to serve as a reminder of the war, and to create a national consciousness against armed conflicts. 

WHEREFORE, members of the Senate and the House of Representatives hereunto affix their signatures this 8th day of April A. D. 2024.