Identifier
Created
Classification
Origin
09MONROVIA802
2009-10-30 09:55:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Monrovia
Cable title:  

52ND LIBERIAN LEGISLATURE CONCLUDES FOURTH SESSION

Tags:  PGOV PHUM SOCI LI 
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VZCZCXRO4505
RR RUEHMA RUEHPA
DE RUEHMV #0802/01 3030955
ZNR UUUUU ZZH
R 300955Z OCT 09
FM AMEMBASSY MONROVIA
TO RUEHC/SECSTATE WASHDC 1430
INFO RUEHZK/ECOWAS COLLECTIVE
UNCLAS SECTION 01 OF 04 MONROVIA 000802 

SENSITIVE
SIPDIS

DEPARTMENT FOR AF/W AND DRL

E.O.12958: N/A
TAGS: PGOV PHUM SOCI LI
SUBJECT: 52ND LIBERIAN LEGISLATURE CONCLUDES FOURTH SESSION

REF: A) 08 MONROVIA 817 B) MONROVIA 169 C) MONROVIA 495
D) MONROVIA 532 E) MONROVIA 570 F) MONROVIA 612
G) MONROVIA 628 H) MONROVIA 695 I) MONROVIA 763
J) MONROVIA 776 K) MONROVIA 786 L) MONROVIA 602

SENSTIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION.

UNCLAS SECTION 01 OF 04 MONROVIA 000802

SENSITIVE
SIPDIS

DEPARTMENT FOR AF/W AND DRL

E.O.12958: N/A
TAGS: PGOV PHUM SOCI LI
SUBJECT: 52ND LIBERIAN LEGISLATURE CONCLUDES FOURTH SESSION

REF: A) 08 MONROVIA 817 B) MONROVIA 169 C) MONROVIA 495
D) MONROVIA 532 E) MONROVIA 570 F) MONROVIA 612
G) MONROVIA 628 H) MONROVIA 695 I) MONROVIA 763
J) MONROVIA 776 K) MONROVIA 786 L) MONROVIA 602

SENSTIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION.


1. (U) SUMMARY. The 52nd National Legislature has concluded its
fourth session, recessing until the fifth session begins in January

2010. Despite the fact that several key laws were passed and
concession agreements ratified, the Legislature failed to pass
crucial measures related to meeting Liberia's highly indebted poor
countries (HIPC) initiative Completion Point, a code of conduct for
public officials, and an electoral threshold law required before the
2011 elections, which was vetoed by President Sirleaf. The body
also deferred any further response to the Truth and Reconciliation
Commission report's recommendations. The president may recall the
Legislature before the end of the year to consider the electoral
threshold bill and ratify mining concessions needed to make up for a
shortfall in the national budget. END SUMMARY.


2. (SBU) The 52nd Liberian National Legislature concluded its fourth
session with the final meeting of the Senate on September 28. The
House of Representatives earlier closed in a little-attended
ceremony on September 25. The Legislature will return from its
annual "agricultural break" to begin a fifth session on January 11,

2010.

HIGHLIGHTS
--------------


3. (SBU) This session was marked by a cooperative atmosphere between
the two chambers. The majority of bills passed easily from the
House to the Senate with little controversy. The House was
characterized by fewer leadership squabbles and corruption scandals
(Ref A),but reports of bribe-taking in the form of "lobbying fees"
paid to legislators to ensure passage of concession agreements
continued.


4. (SBU) The leadership struggle which characterized the Senate
during its third session was settled with the March 26 election of
Senator Cletus Wortorson of Grand Kru County as President Pro
Tempore. Wortorson restructured the Senate's leadership and
selected new committee heads. New Senate rules adopted under his
leadership led to a more proactive chamber -- bills were

expeditiously passed in most cases, fines were levied against
delinquent members and attendance improved.


5. (U) Two members of the Senate died during the fourth session.
One by-election was held to replace a River Gee county vacancy (Ref
B) while another is due on November 10 for a vacant Montserrado
county seat (Refs E, J). Also of note this session were addresses
by Secretary of State Hillary Clinton and the Presidents of Finland
and Namibia to special joint meetings of the Legislature.


KEY LEGISLATIONS PASSED
--------------


6. (U) There were 68 regular, 21 executive and seven special
sittings. Twelve bills were passed, while 16 concession agreements
were ratified and 16 bills are still pending in-committee.
Prominent laws passed during the fourth session include:

--A PUBLIC FINANCIAL MANAGEMENT ACT will improve the public
financial management system and fulfill a key requirement for
"completion point" under the Highly Indebted Poor Countries
Initiative (HIPC) (Ref G).

--The LAND COMMISSION ACT established a land commission, formulated
new laws for land tenure and will act as a platform for conflict
prevention and mitigation.

--The COMMUNITY RIGHTS LAW will ensure that local communities
benefit from the extraction of natural resources and use of public
lands.

--The ELECTORAL REFORM LAW seeks to amend sections of the
constitution to reform Liberia's electoral system (Ref I).

--The LIBERIAN AIRPORTS AUTHORITY ACT will bring Liberia in line
with international aviation protocols, modernize Roberts
International Airport, and is a key benchmark for the Transportation
Security Administration's approval of direct flights to the United
States (Ref F).

--The LIBERIA EXTRACTIVE INDUSTRY TRANSPARENCY INITIATIVE ACT seeks
to ensure transparency and accountability of payments to government
from organizations involved in Liberia's extractive industries.


MONROVIA 00000802 002 OF 004


--The INVESTMENT INCENTIVES ACT OF 2009/ECONOMIC STIMULUS ACT
reforms the investment code to make Liberia more attractive for
foreign investment.

--The AFRICAN UNION NONAGGRESSION DEFENSE ACT aims to promote peace
and security and non-interference in the internal affairs of African
states.

--The ECOWAS ENERGY PROTOCOL fights climate change and promotes
clean energy initiatives for the ECOWAS region.

--The INTERNATIONAL COFFEE CONVENTION ensures that African and Latin
American coffee farmers receive fair prices for their products by
agreeing to controls on world coffee prices.

-- The NATIONAL CHILDREN'S LAW seeks to protect children by
advocating for a child's right to education, medical care and
recreation.

--A LEGISLATIVE MODERNIZATION PLAN will modernize the Legislature
and bring its operations in line with international standards.

BUDGET AND CONCESSION AGREEMENTS
--------------


7. (SBU) Although the fiscal year began on July 1, and Liberia has
no mechanism for a continuing resolution, the 2009/2010 national
budget was finally passed in August. Given the constraints of
Liberia's cash-based budget, the Legislature felt pressure to ratify
revenue-generating concessions with minimal discussion of their
long-term consequences for local communities or resource
sustainability (Ref K). The ratified concessions represent an
estimated USD 4 billion of investment over the next 25 years.
However, while they were expected to generate over USD 75 million in
fiscal year 2010 alone, few concessionaires have begun paying,
citing dwindling access to finance and low commodity prices as
reasons for delaying extraction. These agreements were generally
hastily ratified and both chambers simultaneously concurred on the
same day in most instances.


8. (SBU) The Legislature ratified the Liberia Shipping and Corporate
Registry agreement as well as agricultural and mining concession
agreements between the Government of Liberia and:

--Sime Darby Plantation Liberia Ltd.
--Buchanan Renewable (Monrovia) Power Inc.
--China Union (Hong Kong) Mining Co.
--Anadarko Oil Company (Blocks 10 and 14)
--AmLib United Minerals Inc.
--Oranto Oil Exploration
--Euro Liberia Logging Company
--Geblo Logging Company
--International Consultant Capital
--Atlantic Resources Company


9. (SBU) Two concessions were not passed during this session, the
Western Cluster Iron Mining Agreement and the Putu/Bokon Gedeh Iron
Mining Concession. With collected revenues falling USD 23 million
short of planned expenditures at the end of the first quarter of
fiscal year 2010, ratification of these concessions is needed to
make up for the shortfall. President Sirleaf will likely recall the
Legislature in November to ratify these concessions as well as pass
a threshold bill (see paragraph 15).

SENATE RATIFIES APPOINTMENTS
--------------


10. (SBU) The Senate approved several of President Sirleaf's key
appointments. Some were initially rejected, but later approved
after an extensive lobbying process by the Executive. For example,
Labor Minister Tiawan Gongloe's nomination was initially rejected on
the grounds that he selectively prosecuted officials of the previous
government for corruption, while failing to go after current
government officers. However, Gongloe had categorically and publicly
refused to provide payments in return for votes, which likely did
not add to his popularity. The nomination of Marc Amblard as
Director of the Liberia National Police was also initially rejected
on grounds that he lacked policing experience. Supporters of the
two nominees traded votes to allow the eventual confirmation of both
officials. Senators failed to ratify the nomination of acting
Monrovia Mayor Mary Broh despite a Supreme Court affirmation of
President Sirleaf's power to appoint mayors.

EXECUTIVE BRANCH TESTIFIES BEFORE THE HOUSE
--------------


11. (U) Acting in its role as fiscal watchdog, the Legislature
summoned several government officials in response to reports of
wasted government funds, and their testimony resulted in a number of
high-level dismissals. The House of Representatives called the

MONROVIA 00000802 003 OF 004


Ministers of Health and Social Welfare, Internal Affairs and Public
Works to explain how USD 200,000 paid by the GOL for relief from
caerpillar infestation in Bong, Lofa and Nimba Counties was spent.
The Minister of Education was asked to explain this year's steep
nationwide hike in secondary school fees. Assistant Labor Minister
James Zawolo responded to allegations that he issued an illegal
barite mining license to a relative. (NOTE. He was subsequently
dismissed by President Sirleaf. END NOTE.) The Commissioner of the
Liberia Telecommunications Authority (LTA) received a vote of no
confidence for alleged financial and administrative impropriety, and
the president later fired all five LTA commissioners (Ref C).

MISSED OPPORTUNITIES
--------------


12. (SBU) Several bills stalled in the Senate at the end of this
session, including: a bill criminalizing drug abuse and trafficking
offenses, another measure creating a new capital in central Liberia,
a new Revenue Code, and the Economic Stimulus Act. The most
prominent stalled measure is the electoral threshold bill, with
senators finally unable to agree with a revised House measure after
President Sirleaf's line item veto of an earlier version (Ref H).
The last-minute delay of the Investment Act, which was expected to
pass in the final days of the session, was another HIPC Completion
Point pre-requisite; its non-passage will ensure that Liberia cannot
resolve its outstanding international debt by year's end, as
originally hoped.


13. (SBU) The Legislature also failed to pass a Code of Conduct for
public officials. Members were especially opposed to a required
declaration of assets, with Speaker J. Alex Tyler declaring on
October 2 that the "security situation is not conducive" for the
declaration of assets by public officials. The Freedom of
Information Act, under consideration since 2008, was also not
passed. Other pending legislation includes: a measure to provide
public funding for political parties and an act to establish a
public broadcasting service.

TRC FINAL REPORT SHELVED?
--------------


14. (SBU) The Legislature passed a joint resolution on September 3,
which effectively suspended all deliberations regarding the
still-unreleased Truth and Reconciliation Report final report
recommendations until 2010. The resolution required legislators to
discuss the recommendations listed in the preliminary report
released by the TRC in June 2009 (Ref D) with their constituencies
during the recess and gauge citizen views on a way forward. In a
related move, senators postponed the approval of presidential
nominees for seats on the Independent National Human Rights
Commission of Liberia (Ref L) the body tasked with carrying out the
TRC report's recommendations.


LEGISLATIVE RECALL POSSIBLE
--------------


15. (SBU) The National Elections Commission (as well as members of
the International Contact Group on Liberia and numerous civil
society actors) called on the Legislature to pass an electoral
threshold bill as required by the constitution on several occasions
this year, warning that delayed passage of a threshold bill would
have adverse effect on the 2011 elections. Consequently, President
Sirleaf may recall the Legislature for a special session to pass a
final threshold bill and consider pending mining concessions needed
to avert a budget shortfall (Ref H).

COMMENT
--------------


16. (SBU) Institutional weakness, poorly trained staff, cramped
facilities, low attendance and limited constituent services
continued to hobble the Legislature's performance. Despite these
shortcomings and handicaps, the Legislature nonetheless demonstrated
some laudable improvements during its fourth session. It passed
substantive legislation critical to Liberia's economic and social
development; it demanded more accountability from government
officials and shone a light on corruption and waste; and it began
exerting its role as a fiscal watchdog during lengthy budget
debates.


17. (SBU) As the Legislature adopts the newly-passed Legislative
Modernization Plan, it may continue to show improvements. It is
worrisome that many lawmakers are focused on doing whatever it takes
to protect their privileges, especially if they were listed as
violators in the initial report of the TRC. We must remain
committed to assistance programs that shore up the Legislature's
institutions, promote good governance and reinforce the important
and constructive role that the legislative branch plays in
government.

MONROVIA 00000802 004 OF 004



THOMAS-GREENFIELD