Identifier
Created
Classification
Origin
09MONROVIA602
2009-08-20 14:10:00
CONFIDENTIAL
Embassy Monrovia
Cable title:  

TRANSITION FROM TRC TO HUMAN RIGHTS COMMISSION

Tags:  PGOV PHUM KJUS KDEM LI 
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VZCZCXRO7305
PP RUEHPA
DE RUEHMV #0602/01 2321410
ZNY CCCCC ZZH
P 201410Z AUG 09 ZDK
FM AMEMBASSY MONROVIA
TO RUEHC/SECSTATE WASHDC PRIORITY 1240
INFO RUEHZK/ECOWAS COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 MONROVIA 000602 

SIPDIS

DEPARTMENT FOR AF/W

E.O. 12958: DECL: 08/21/2019
TAGS: PGOV PHUM KJUS KDEM LI
SUBJECT: TRANSITION FROM TRC TO HUMAN RIGHTS COMMISSION
BEGINS

REF: A) MONROVIA 549 B) MONROVIA 532 C) MONROVIA 487

MONROVIA 00000602 001.2 OF 002


Classified By: CDA Brooks Robinson for reasons 1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 02 MONROVIA 000602

SIPDIS

DEPARTMENT FOR AF/W

E.O. 12958: DECL: 08/21/2019
TAGS: PGOV PHUM KJUS KDEM LI
SUBJECT: TRANSITION FROM TRC TO HUMAN RIGHTS COMMISSION
BEGINS

REF: A) MONROVIA 549 B) MONROVIA 532 C) MONROVIA 487

MONROVIA 00000602 001.2 OF 002


Classified By: CDA Brooks Robinson for reasons 1.4 (b) and (d).


1. (C) SUMMARY. President Ellen Johnson Sirleaf has kicked
off the establishment of Liberia's Independent National Human
Rights Commission (INHRC) by handing the Senate a list of
commissioner nominees for approval. This newest human rights
commission iteration is the latest attempt by successive
Liberian governments to set up such a body in the post-civil
war era. The INHRC is the successor to the Truth and
Reconciliation Commission (TRC),whose mandate will now end.
However, the Liberian public remains preoccupied with the
TRC's final report and is looking to the international
community for guidance on how to respond to the report's list
of offenders. Secretary Clinton's remarks during her August
13 visit about the TRC process and her expressions of support
for President Sirleaf have sparked public speculation
regarding USG preferences for Liberia's response to the TRC
report. END SUMMARY

HUMAN RIGHTS COMMISSION ESTABLISHMENT SET IN MOTION
-------------- --------------


2. (U) Nearly two months after the release of the TRC final
report, President Ellen Sirleaf Johnson passed the Senate a
list of nominees for the seven INHRC commissioner spots on
August 18. Most nominees are human rights or civil society
activists, but nominee Joseph Cornomina is a politician who
served in the Legislature during the presidency of Charles
Taylor.


3. (SBU) The 2003 Accra Peace Agreement that ended Liberia's
civil war called for the establishment of an independent
human rights body. A commission was established in 2004
under the authority of a human rights law passed by the
government of former President Charles Taylor. The
Taylor-era statute was replaced in 2005 under the National
Transitional Legislative Assembly, which granted the
commission financial autonomy and quasi-judicial authority,
such as subpoena and investigative powers. Seven
commissioners were appointed to the initial panel.


4. (SBU) President Sirleaf called for the human rights

commission (HRC) act to be further amended following her
election in 2005, citing problems with the scope of the
commission's aforementioned powers. The existing
commissioners agreed to step down and an amended HRC law was
passed by the legislature and signed by Sirleaf in 2008.
Civil society groups nominated seven new commissioners
members, which were submitted to the president following an
extensive vetting process. The INHRC will be fully
operational as soon as the commissioners nominated by Sirleaf
are approved by the Senate.


5. (C) President Sirleaf earlier indicated some discomfort
with the names put forward by civil society organizations for
INHRC membership due to the nominees' lower public profiles
and the fact that only one is a woman. In the end, she sent
an unchanged list of names to the Senate. International
organizations, including those in the International Contact
Group on Liberia (ICGL),have called the constitution of the
INHRC the next step in Liberia's reconciliation process.
However, forward movement on the INHRC will no doubt be
interpreted by some as an attempt by Sirleaf to get past the
fact that she is implicated in the TRC report. Meantime,
local human rights organizations remain concerned that the
INHRC's lack of financial autonomy will limit its abilities.


LIBERIANS REMAIN FIXATED ON THE TRC PROCESS
--------------


6. (SBU) Establishment of the INHRC is the expected next step
following the TRC process. However, the Liberian public
remains divided over what should happen to those listed for
wrongdoing in the TRC report. While a significant number of
Liberians are focused on reconciliation, another vocal group
is demanding justice be meted out in the form of a war crimes
tribunal.


7. (C) Liberians continue to look to the international
community (especially the USG) for guidance. Secretary
Clinton's reiteration during her August 13 visit of the ICGL
(of which the U.S. is a member) position, i.e., that the
response to the TRC report must be a Liberian process decided
by the Liberian people, has sparked a lively debate among
Liberian commentators. Many interpreted the Secretary's
statement as a "neutral" stance that proves that the USG
would be willing to see the TRC's recommendations shelved.

MONROVIA 00000602 002.2 OF 002


Others have gone further and misinterpreted the Secretary's
expressions of support for President Sirleaf as a signal that
the president should be exonerated.

COOLING OFF PERIOD BEGINS
--------------


8. (C) The current session of the National Legislature ends
on August 31. Legislators have indicated that they will use
the fall break as a cooling off period to engage in open
dialogue with constituents on a potential legislative
reaction to the TRC report. This sentiment was shared
privately by both House Speaker J. Alex Tyler and Senate
President Pro-Tempore Cletus Wotorson in separate August 12
meetings with the Ambassador. (NOTE. Wotorson later
released a statement in which he called for a course of
reconciliation through "restorative" rather than
"retributive" justice. END NOTE.)


9. (C) COMMENT: President Sirleaf's decision to send forward
a list of nominees that she was not truly comfortable with
indicates her desire to not be seen as stacking the
commission in order to have her own case removed. The
coordinator of the INHRC secretariat has worked closely with
the TRC and the INHRC will inherit the TRC's property and
functions, including follow-up on TRC report recommendations.
The legislative break will allow the country a much-needed
period of reflection after the turbulent weeks that followed
the TRC report's release. Our message should support and
encourage the INHRC as it starts up and urge that any future
response to the TRC does not detract from the existing
atmosphere of reconstruction and stability.

ROBINSON
ROBINSON