Identifier
Created
Classification
Origin
09MONROVIA822
2009-11-12 07:25:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Monrovia
Cable title:  

GOL AGREES TO FURTHER DISCUSSION ON ACCEPTING DEPORTEES

Tags:  KCRM ASEC PREL PGOV PHUM LI 
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DE RUEHMV #0822/01 3160725
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P 120725Z NOV 09
FM AMEMBASSY MONROVIA
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RUEHSA/AMEMBASSY PRETORIA 0548
UNCLAS SECTION 01 OF 02 MONROVIA 000822 

SENSITIVE
SIPDIS

PRETORIA FOR DHS ATTACHE

E.O. 12958: N/A
TAGS: KCRM ASEC PREL PGOV PHUM LI
SUBJECT: GOL AGREES TO FURTHER DISCUSSION ON ACCEPTING DEPORTEES

UNCLAS SECTION 01 OF 02 MONROVIA 000822

SENSITIVE
SIPDIS

PRETORIA FOR DHS ATTACHE

E.O. 12958: N/A
TAGS: KCRM ASEC PREL PGOV PHUM LI
SUBJECT: GOL AGREES TO FURTHER DISCUSSION ON ACCEPTING DEPORTEES


1. (SBU) SUMMARY: After a productive meeting on October 27, the
Ministers of Foreign Affairs and Justice confirmed that the GOL is
prepared to receive 28 deportees in January 2010, and agreed to the
drafting a Memorandum of Understanding with the USG outlining
procedures for the return of deportees. While not specifically
agreeing to lift their declared one-year moratorium, they indicated
that an MOU could address their concerns. Post requests further
guidance on possibilities for assistance and advice on MOJ
conditions for the return of deportees (please see para 13). END
SUMMARY.


2. (SBU) Visiting DHS regional officer Abraham Lugo and DHS/ICE
Detention and Deportation Officer Dana Day, along with DCM, P/E
COUNS and RSO, met with Minister of Foreign Affairs Olubanke
King-Akerele and Minister of Justice Christiana Tah on October 27 in
an attempt to resolve differences in allowing the deportation of
Liberians convicted of felonies in the U.S. Also attending the
meeting were MFA Legal Counselor Krubo Kollie and MFA Advisor
Chessen as well as Bureau of Immigration (BIN) and Naturalization
Commissioner Chris Massaquoi and Deputy Commissioner Abla Williams.

Moratorium Request Creates Impasse
--------------


3. (SBU) Liberia had requested in diplomatic notes sent to the
Embassy and the Department a "moratorium" of one year to allow
Liberia to "strengthen and capacitate [its] security forces, and to
implement effective SOPs including tracking and monitoring systems,
recruiting and training of counselors, construction of facilities to
house potential recidivists, and to seek and obtain funding for
these recidivists."


4. (SBU) At the same time, the diplomatic notes said the government
would allow the return of a number of deportees that had finished
their sentences in the U.S. The note from the MFA said 28 (the note
from the embassy said 26) but refused the return of 16 deportees who
had not "completed the term of sentence imposed by the United States
Court, or the jacket of the individual is incomplete with respect to
criminal history." Neither note provided a list of names of those
cleared for return, and the list provided by the Liberian Embassy

was missing a page.

Meeting Moves Issue Forward
--------------


5. (SBU) The DCM opened the meeting by noting that we had reached an
impasse on deportations, and the visit by the DHS officials was to
engage in direct dialogue to come to an understanding. The USG
could not accept a one year moratorium, but was willing to work with
the GOL to address its concerns.


6. (SBU) Minister King-Akerele said that the request for a
moratorium should not be construed as the GOL refusing to accept its
nationals, but that given the fragile post-conflict environment,
they must be returned in a manner that will not create instability.
Minister Tah added there were severe public safety issues that need
to be addressed before receiving these criminal elements.


7. (SBU) Minister Tah explained her view that if Liberians are
deported without completing their sentence (including
parole/probation) the GOL would be required to respond if the person
violated parole while in Liberia. Day said that no such
conditionality was placed on the GOL for accepting the return.


8. (SBU) Day explained that that it was his understanding that the
GOL had originally preferred large group returns as being more
efficient for them. However, if the GOL has now determined that the
security considerations of large returns outweigh the logistical
advantages, then DHS could consider sending refugees in smaller
groups, either commercially or by charter for those deemed too
dangerous for commercial flights. He warned that such a change in
policy would require a change in the procedures the Liberian Embassy
uses to document the deportees. The Foreign Minister agreed to
discuss the matter further within the GOL.


9. (SBU) Regarding providing complete criminal history, Day pointed
out that DHS does not have ready access to that information, and
does not ordinarily provide that information as part of the jacket,
but has been endeavoring to do so in the case of Liberia in order to
honor its request. However, the activity is extremely labor
intensive and he could not guarantee he could provide the complete
information in every case.

Meeting Outcome
--------------


10. (SBU) After presenting each side's position, the two sides
agreed to the following:


MONROVIA 00000822 002 OF 002


-- The Liberians agreed to provide a definitive list of the 28
deportees they were ready to accept. (Note: The BIN provided a list
to the Embassy the next day. End Note) They also agreed to the DHS
proposal for a return in January.

-- DHS agreed to draft a Memorandum of Understanding to codify
procedures for removals, perhaps to be concluded soon after the
return of the 28 deportees in January. The Liberians indicated that
with a satisfactory MOU, the GOL might drop its request for a
moratorium.

-- DHS agreed to provide more information on voluntary returns,
within the limits of U.S. law.

-- DHS agreed to provide as much criminal history on the deportees
as possible, understanding that DHS will have some limitations.

-- The Embassy agreed to continue to look for assistance for the
MOJ in creating a probation tracking system, with the understanding
that such assistance should not be linked to lifting the
moratorium.

-- The Liberians agreed to provide their preference on large-scale
versus small-scale returns, and to provide a more precise
description of the reforms they believe they must make before
receiving all deportees.


11. (SBU) Left on the table were:

-- Liberia's request for a one-year moratorium;

-- Provision of jackets with complete criminal history;

-- Liberia's insistence on sentences (including parole/probation)
being completed before deportation can occur.

Possible Sources of Assistance
--------------


12. (SBU) Post believes that some assistance can be provided to the
MOJ to create a parole system through the INL-funded Justice Sector
Support for Liberia program. Also discussed during the meeting was
the possibility of using an NGO to assist in resettling the
returnees. While we made no commitment to funding such an effort,
we believe a short-term project may both improve conditions for
these returns as well as for other voluntary or involuntary
returns.


13. (SBU) Post requests guidance on models used elsewhere for the
return of deportees or other involuntary returns. We understand the
Catholic Relief Services was contracted in El Salvador for a similar
operation. We also seek guidance on Minister Tah's thinking about
deportees needing to complete their sentences (including
parole/probation) before Liberia agrees to accept them.

THOMAS-GREENFIELD