LIBERIAN PRESIDENT NAMED IN TRC REPORT FOR HER ASSOCIATION

C O N F I D E N T I A L MONROVIA 000487 C O R R E C T E D C O P Y (ADDED DECL DATE) SIPDIS E.O. 12958: DECL: 7/8/2009 TAGS: PGOV KJUS PREL KDEM PINR EAID ASEC LI SUBJECT: LIBERIAN PRESIDENT NAMED IN TRC REPORT FOR HER ASSOCIATION WITH TAYLOR REF: A) MONROVIA 465 B) MONROVIA 125 C) 08 MONROVIA 1064 Classified By: DCM Brooks Robinson for reasons 1.4 (b) and (d) ¶1. (SBU) Summary: Reaction to the of the Truth and Reconciliation Commission's final report of the Liberian civil crisis is mixed but steadily growing several days after its June 30 release. The GOL did not publically respond to the report's recommendation that President Sirleaf be banned from public office for being a supporter of Charles Taylor in 1990 until a week later. Sirleaf has been accused of supporting Charles Taylor even after she knew that he was committing atrocities and using child soldiers. The report looks at the causes of the war and makes recommendations on those involved. The report is "unedited" and will be presented in its final edited stage to the legislature at the end of August. End Summary. ¶2. (U) The TRC signed the unedited version of its final report on June 30, as required by the act establishing the TRC. The report examines the reasons for the war, going back as far as the establishment of Liberia as a state and the society that existed until the 1980s. It looks at the war itself and what were the drivers of the conflict. The report assesses blame for the conflict and lists major perpetrators and the people who supported different factions. It discusses the issue of economic crimes. ¶3. (SBU) The 370-page report included several recommendations. The commission recommended prosecution for 98 of the "most notorious" perpetrators, disbarment from public office for 52 supporters of factions, reconciliation activities at the national and local levels, and reparations, as required by the TRC Act of 2003. Of note are some glaring omissions, such as Taylor supporters John T. Richardson and Oscar Cooper among others. As well, the fact that Joshua Milton Blayee (aka "General Butt Naked" known for eating human flesh) and LURD commander Joe Wylie were not recommended for prosecution on the grounds they had shown sufficient remorse, raised questions, given the level of atrocities they perpetrated. ¶4. (SBU) The report then branched out and some of the recommendations in the final report were a strange grab bag of ideas. The commission made recommendations about government, society, administration of justice, civil society women, children, employment, diaspora immigration issues, media, and the environment. Finally, in recommendations to the international community, the TRC places some of the blame for the conflict on the U.S. and states that we need to demonstrate in "concrete political and economic ways our appreciation for the support of Liberia as a historical political and economic ally." Why The President? -------------- ¶5. (C) While it was expected that President Sirleaf would be mentioned in the report, that the TRC would recommend that she be banned from politics came as a surprise. Sirleaf was attending the AU summit in Libya when the report became public, partially explaining why the Presidency did not respond immediately. However, in our discussions with her office, it appears that she will let the situation play out a while longer. The Ambassador will raise the TRC report in her next scheduled meeting with the President on July 13. ¶6. (C) The Chairman of the TRC, Jerome Verdier, in a meeting with poloffs on July 7, explained the reasoning for recommending that the President and other financiers and politicians be banned from holding public office. The people who testified before the TRC were required to be completely truthful about their actions during the conflict and show remorse. The commissioners felt that the President did not admit to the entire period or depth of engagement that she had with Taylor. He noted that when Taylor's forces were surrounding Doe at the Executive Mansion in 1990 she was quoted as saying "Raze it down; we'll rebuild it in three days." (Note: Sirleaf admits in her autobiography that her statement "If they burn the mansion down we will rebuild it" was a "stupid mistake" and regretted it. End Note.) He said that she continued to support Taylor after she was aware that Taylor was using child soldiers in his forces. For her and all the people banned from political office the commissioners wanted "a punishment that befit the crime," i.e., the commissioners felt that those banned were doing things during the war for personal political gain, so that gain should be barred from them. Verdier said that in the end six of eight commissioners signed the report, and all six agreed that Sirleaf should be censured this way. Reconciliation -------------- ¶7. (SBU) When asked about reconciliation, Verdier said that the Palava hut mechanism (local level community meetings) recommended in the report was a way for the country to deal with the issue. At each public hearing in the counties the TRC commissioners held a public forgiveness ceremony. This was well received by the communities at the time and the commission thinks that this could help society. He also mention that according to the report the Palava huts can recommend amnesty if perpetrators, both named and unnamed in the report, "admit the wrongful act and seek pardon." Public Reaction -------------- ¶8. (SBU) The initial public reaction to the report was muted. The report was initially available on the TRC website on July 1, and first in the press on July 3, a Friday. In a country where there is little internet service and high illiteracy, it is perhaps normal that the information was delayed getting out and initially was confused. Many believed at first that the report had the force of law and that Sirleaf would be compelled to resign, which is not the case. This is in contrast to the TRC hearings themselves, which were broadcast live and created immediate public response. ¶9. (SBU) A week later, however, a more sophisticated dialogue is emerging. Some of the ex-warlords and others who were named as serious perpetrators (including Prince Johnson and Edwin Snowe, who now hold public office) had been vocal in the condemnation of the report. The ex-warlords (referring to themselves as signers of the Comprehensive Peace Agreement) held a press conference July 7 denouncing the TRC report and showing support for Sirleaf. They claim that they enjoy amnesty based on the CPA and a law that was supposedly enacted on August 7, 2003 (during the conflict and just days before Taylor departed). Discussion on talk radio is now more nuanced and informed. Press coverage is more accurate than in the first days. However, the divide between those who want to forget the past and those who seek justice remains. Next Steps -------------- ¶10. (SBU) According to Verdier, the TRC released an "unedited" version of the report to meet the June 30 statutory deadline, but will request that the Legislature take no action on it until the edited report is formally presented at the end of August (which is when the Legislature goes on its agricultural break). This in effect would mean that the Legislature would not have to act on it until it returns in January. Under the TRC act, the Legislature does not decide on the recommendations, but forwards the report to the Executive to implement or explain why it has not. Verdier agreed that a simple letter from the President to the Legislature every three months on the progress would satisfy the act. ¶11. (SBU) Verdier said that the editing process, which will take two months, will fix typographical errors and errors. He admitted that the omission of John T. Richardson was a glaring error, and said that his and other names will be added to the list before the final version is sent to the Legislature in August. He added that the TRC did not consider the list as final, and others could and should be considered for prosecution. ¶12. (SBU) The House debated the report on July 7. To its credit, the House did not reject it outright, even though it might have on the technicality that the report was "unedited" version and they received it in hard copy only on July 3. Rather, the House voted to send it to committee for review for two weeks, effectively allowing for a cooling off. Once the edited report is delivered to the Legislature it may wait until January to resume discussion. ¶13. (SBU) The Embassy is taking several steps to avoid an escalation of tension. The Ambassador met with Senator Prince Johnson, one of the former leaders of a warring faction, on July 6 to press the importance of not making inflammatory statements. The meeting was reported in the press and seems to have had a calming effect. The Ambassador plans to meet with other former warlords, and we will host roundtables with key journalists and human rights activists to solicit their views (and share our own). An International Contact Group on Liberia (ICGL) meeting will be held on June 10 to discuss the matter. In advance of a consolidated ICGL response, the Embassy position is to counsel calm, allow the process provided by law to continue, and strengthen existing institutions, such as the Independent National Human Rights Commission (mandated by the TRC act to enact the recommendations) before beginning any discussion on new institutions like a war crimes court. The RSO has advised embassy staff to remain vigilant. ¶14. (SBU) COMMENT: The release of the report has opened wounds in Liberian society that were closed but apparently not healed. The report reflects the split in Liberian society between those who desire restorative justice and those who seek reconciliation. During the TRC process there were reconciliation ceremonies held in all of the counties where the commission held hearings, but this tone of reconciliation is largely absent in the final report. The naming of the President and the recommendation of a ban from public office has detracted from the other important work of the TRC, especially the section dealing with economic crimes, an issue that has largely remained untouched by public debate. The resulting controversy has demonstrated the TRC's lack of moral authority -- no commissioner commands universal respect. We do not believe that there will be a return to fighting as some ex-warlords claimed before the release of the final report. If the Legislature chooses not to deal with the report until January, much of the controversy around the report will probably have died away or become intertwined with the 2011 election campaigns. This path will not help Sirleaf with her image internationally. She needs immediately to address what appears to be the most serious accusation against her -- that she knowingly supported a warlord that was committing atrocities. More importantly, however, is that she continues her efforts to fight corruption and restore confidence in her government. THOMAS-GREENFIELD