Monday, August 6, 2018

IMPUNITY MUST NOT TRUMP ACCOUNTABILITY IN LIBERIA

President George Weah must not provide cover for persons who have committed unspeakable atrocities in Liberia.
Impunity must not trump accountability on his watch. This will make it difficult... if not impossible to restore normalcy in post-war Liberia.
If the Weah led administration allows rape, torture, and murder to go unpunished, soon there will be nothing left to protect.
-Bernard Gbayee Goah
Operation We Care for Liberia

FREEDOM AFTER SPEECH IS NOT GUARANTEED IN LIBERIA

Since its foundation, Liberia has been and is still the primary champion of "FREEDOM OF SPEECH" within the West African Subregion.
But "FREEDOM AFTER SPEECH" is not just guaranteed yet.
And that is a vey big problem.
- Bernard Gbayee Goah
President, Operation We Care for Liberia

Tuesday, February 5, 2013

Liberia's High-Level War Crimes Suspect...

Written by Bernard Gbayee Goah

Her Excellency Madam Ellen Johnson-Sirleaf is a high-level war crimes suspect. 

It is established that Madam Ellen Johnson-Sirleaf financed, advocated for, and as well gave orders to Charles Taylor's NPFL rebel organization that was criminal in nature, resulting in heinous crimes being committed. 

It is suggested that Madam Sirleaf was not only an opinion leader but also a founding member of a Joint Criminal Enterprise the NPFL. That is why after reviewing all the evidence, the Truth and Reconciliation Commission of Liberia felt it necessary to recommend that Madam Ellen Johnson-Sirleaf be banned from public office for no less than 30 years. This is a clear indication of the extent of her involvement in the carnage. Ellen Johnson-Sirleaf's incredulity in the face of mounting evidence is incomprehensible. 

The presence of Madam Sirleaf and other warlords in government makes it impossible for Liberia's justice system to function properly.
______________________________

"Crime
s sponsored, committed, or masterminded by handful of individuals cannot be blamed upon an entire nationality... In this case, Liberians!! 
The need for post-war justice is a step toward lasting peace, stability and prosperity for Liberia. Liberia needs a war crimes tribunal or some credible legal forum that is capable of dealing with atrocities perpetrated against defenseless men, women and children during the country's brutal war. 
Without justice, peace shall remain elusive and investment in Liberia will not produce the intended results". - Bernard Gbayee Goah 



Saturday, February 2, 2013

Liberia needs a War Crimes Court!!!

Written By Bernard Gbayee Goah
President, Operation We Care for Liberia

It is with great optimism and hope that I make this clarion call to all Liberians and friends of Liberia. For more than two decades Liberia has been ravaged by war and excessive corruption. Liberians who were able to escape the atrocities of this period are still subject to an inadequate governmental system that does not provide basic necessities for its people. 
Also, As a result of the lack of political will, the current Liberian government has held no one responsible for crimes committed pre and post the civil war. Power cupidity is now paramount while children and women still suffer at the hands of those sworn to protect them. Poverty, ignorance and disease in the aftermath of the war have prevented the country from progressing! 

Important infrastructures; electrical power, clean drinking water, food production, security, education and the opportunity to earn a decent income are all memories of a distant past. The medical needs are astronomical. Currently, Liberia is the only country in the whole of West Africa that does not have a modern paved road connecting the interior part of the country to the capital city.

How Liberia got here may not same to be important to many of you. I however, want to remind you that Liberia's infrastructures that vanished did not just disappear by themselves. Aliens from mars did not interrupt a major modern road project ("Ganta-Haper High Way") that would have linked the capital to the leeward countries. Rather, the very people in power destroyed these infrastructures, and interrupted a major modern road project. Had it not been the war, the interior of the country would have had access to the capital. Local agricultural produce would have made their way via farm to market roads that could have been linked to the major cross-country road mentioned. Liberia would not have been contemplating on spending millions of dollars on a hydro dam repair. And definitely Liberia would not have looked up to a post war neighboring country (the Ivory Coast) for electricity supply. 

Embarrassingly fellow friends, I want you to know that the current president of Liberia aided and abated the destruction of her own country's infrastructures only to turn to the people of the Ivory Coast for electrical supply even though they too experience a civil war, but refused to destroy their infrastructures. The records are there, but Madam Sirleaf claims consistently that she had no role in the war that maimed and killed innocent people and destroyed the country's entire infrastructure. She must be presented an opportunity to exonerate herself in a Liberian war crime court. If Ellen Johnson-Sirleaf is responsible, as the evidence indicates, regardless whether such crimes were committed in Liberia or in Sierra Leon, it is a travesty of justice having indicted former President Charles Taylor, forced him to relinquish power; but yet allow Ms. Ellen Johnson Sirleaf to remain head of state even though she also is suspected of war crimes, and crimes against humanity.
The evidence shows Ms. Sirleaf played a central role in the planning, financing and directing of a war so brutal, so violent and so devastating that experts have labeled it one of the worst in modern History. Ordering the NPFL forces to attack the then overcrowded City of Monrovia shows the extent to which Ms. Sirleaf was willing to go in order to become president. 

Lastly, what I am about to say is very hard to be heard by many, but it is the best way forward.

If Liberia is to survive, we must put aside our petty politics as well as tribal loyalties and just do the right thing. In order for Liberia to climb out of the pit of poverty, illiteracy, lawlessness and corruption up onto the pinnacle of confidence, prosperity, and respect for the rule of law, bitter pills will have to be swallowed. We must be prepared to accept the fact that some people will have to be held accountable. Holding people accountable for what took place in Liberia over the years will involve much pain indeed; simply because change by nature is painful especially if it involves holding our relatives, and friends accountable.

Ladies and Gentlemen, over 200,000 innocent people were killed in Liberia, and all of us as well know that aliens from outer space did not kill these people. We know that those who orchestrated these horrible acts may be members of our own tribes, as well as other tribes other than ours. They may be our brothers, sisters, friends, uncles, and even our fathers and mothers. And we know that some of them are even holding top positions in the current Liberian government. 
We should not expect change to happen when we are unwilling to embrace the ruckus that comes with it. We should not expect a better Liberia if we are afraid of the unfamiliar. We must swallow the bitter pills that come with justice and accountability if we truly want Liberia to be a better country. 

A peaceful Liberia demands accountability, justice, and reconciliation. Regardless of our connections to them, those bearing the greatest responsibility for atrocities in Liberia must be held accountable. They must not be allowed to walk freely! This is necessary in order to begin genuine reconciliation. 

In the spirit of unity, let us all see reasons to demand for the establishment of a Liberian war crimes court.

Liberia needs a War Crimes Court!!!

Written By Bernard Gbayee Goah
President, Operation We Care for Liberia


It is with great optimism and hope that I make this clarion call to all Liberians and friends of Liberia. For more than two decades Liberia has been ravaged by war and excessive corruption. Liberians who were not able to escape the atrocities of this period are still subject to an inadequate governmental system that does not provide basic necessities for its people. 
Also, As a result of the lack of political will, the current Liberian government has held no one responsible for crimes committed pre and post the civil war. Power cupidity is now paramount while children and women still suffer at the hands of those sworn to protect them. Poverty, ignorance and disease in the aftermath of the war have prevented the country from progressing! 

Important infrastructures; electrical power, clean drinking water, food production, security, education and the opportunity to earn a decent income are all memories of a distant past. The medical needs are astronomical. Currently, Liberia is the only country in the whole of West Africa that does not have a modern paved road connecting the interior part of the country to the capital city.

How Liberia got here may not same to be important to many of you. I however, want to remind you that Liberia's infrastructures that vanished did not just disappear by themselves. Aliens from mars did not interrupt a major modern road project ("Ganta-Haper High Way") that would have linked the capital to the leeward countries.  Rather, the very people in power destroyed these infrastructures, and interrupted a major modern road project.  Had it not been the war, the interior of the country would have had access to the capital. Local agricultural produce would have made their way via farm to market roads that could have been linked to the major cross-country road mentioned.  Liberia would not have been contemplating on spending millions of dollars on a hydro dam repair. And definitely Liberia would not have looked up to a post war neighboring country (the Ivory Coast) for electricity supply. 

Embarrassingly fellow friends, I want you to know that the current president of Liberia aided and abated the destruction of her own country's infrastructures only to turn to the people of the Ivory Coast for electrical supply even though they too experience a civil war, but refused to destroy their infrastructures. The records are there, but Madam Sirleaf claims consistently that she had no role in the war that maimed and killed innocent people and destroyed the country's entire infrastructure. She must be presented an opportunity to exonerate herself in a Liberian war crime court. If Ellen Johnson-Sirleaf is responsible, as the evidence indicates, regardless whether such crimes were committed in Liberia or in Sierra Leon, it is a travesty of justice having indicted former President Charles Taylor, forced him to relinquish power; but yet allow Ms. Ellen Johnson Sirleaf to remain head of state even though she also is suspected of war crimes, and crimes against humanity.
The evidence shows Ms. Sirleaf played a central role in the planning, financing and directing of a war so brutal, so violent and so devastating that experts have labeled it one of the worst in modern History. Ordering the NPFL forces to attack the then overcrowded City of Monrovia shows the extent to which Ms. Sirleaf was willing to go in order to become president. 

Lastly, what I am about to say is very hard to be heard by many, but it is the best way forward.

If Liberia is to survive, we must put aside our petty politics as well as tribal loyalties and just do the right thing. In order for Liberia to climb out of the pit of poverty, illiteracy, lawlessness and corruption up onto the pinnacle of confidence, prosperity, and respect for the rule of law, bitter pills will have to be swallowed. We must be prepared to accept the fact that some people will have to be held accountable. Holding people accountable for what took place in Liberia over the years will involve much pain indeed; simply because change by nature is painful especially if it involves holding our relatives, and friends accountable.

Ladies and Gentlemen, over 200,000 innocent people were killed in Liberia, and all of us as well know that aliens from outer space did not kill these people. We know that those who orchestrated these horrible acts may be members of our own tribes, as well as other tribes other than ours. They may be our brothers, sisters, friends, uncles, and even our fathers and mothers. And we know that some of them are even holding top positions in the current Liberian government. 
We should not expect change to happen when we are unwilling to embrace the ruckus that comes with it. We should not expect a better Liberia if we are afraid of the unfamiliar. We must swallow the bitter pills that come with justice and accountability if we truly want Liberia to be a better country. 

A peaceful Liberia demands accountability, justice, and reconciliation. Regardless of our connections to them, those bearing the greatest responsibility for atrocities in Liberia must be held accountable. They must not be allowed to walk freely! This is necessary in order to begin genuine reconciliation. 

In the spirit of unity, let us all see reasons to demand for the establishment of a Liberian war crimes court.

Monday, January 28, 2013

African Leaders to Discuss Regional War Crimes Court

Institute for War & Peace Reporting
African Leaders to Discuss Regional War Crimes Court
BY WALTER MENYA,  JANUARY 2013

African court powers to handle international-scale crimes come under scrutiny as sceptics question whether it could be independent and sustainable.
Ahead of an African Union summit in Addis Ababa this week, legal experts are urging caution over plans to expand the jurisdiction of the African Court on Human and Peoples' Rights to allow it to try individuals for mass crimes.
The proposal is likely to be on the agenda for the African Union meeting taking place on January 21-28.

Some experts see the idea of strengthening the African court as a reaction by the continent's political leaders against the role played by the International Criminal Court, ICC, in The Hague. Other observers, however, say any plan to deliver justice on African soil has to be worth pursuing.

Under the proposal, the African Court on Human and Peoples' Rights would adopt legislation allowing it to try cases of crimes against humanity, war crimes and genocide.

To date, such crimes have been addressed by the ICC and by two United Nations-backed tribunals, the International Criminal Tribunal for Rwanda, ICTR, which operates in Tanzania; and the Special Court for Sierra Leone, based in the country.

The ICC has launched investigations in Uganda, Kenya, Sudan, the Central African Republic, CAR, the Democratic Republic of Congo, DRC, Ivory Coast and most recently Mali. It has tried cases relating to DRC and CAR, and four Kenyans will go on trial in The Hague in April.

The African court's powers are currently limited to applying the African Charter on Human and Peoples' Rights, which came into effect in 1986. The court itself has only been in operation since 2006.

The proposal to use it for criminal cases was drafted in July 2012, by a team of legislators who included Kenyan justice minister Eugene Wamalwa. It came soon after the Council of Ministers of the East African Community adopted a resolution asking the ICC to transfer the cases against four Kenyans to the East African Court of Justice.

Kenya's Deputy Prime Minister Uhuru Kenyatta, member of parliament William Ruto, former public service chief, Francis Muthaura, and radio journalist Joshua arap Sang face charges of crimes against humanity for orchestrating the violence that engulfed Kenya following the 2007 presidential election.
Since their trials are due to get under way in The Hague in April, it is no longer feasible that these cases could be transferred to a regional court.
As Charles Kanjama, a member of the legislative committee of the Law Society of Kenya, explained, "A court will not act retrospectively to take over the Kenyan ICC cases given the stage these trials have reached."

POLITICS OF JUSTICE
Talk of a regional court places the African Union's own commitment to delivering justice under the spotlight. In the past, African leaders have displayed a tendency to protect one another.

In 2009, the African Union asked the United Nations Security Council to quash the ICC's charges against Sudanese president Omar al-Bashir on the grounds that they were inhibiting the peace process in Darfur. The African Union's impartiality was further questioned during the uprisings of 2011 which toppled Libyan leader Muammar Gaddafi, Tunisian president Zine El Abidine Ben Ali and Egypt's Hosni Mubarak.

"The African Union lacks a track record to stand up to bad leadership and the commission of international crimes," Dr Adams Oloo of the Institute of Development Studies at the University of Nairobi told IWPR. "The uprisings in the North African states, as well as the Ivory Coast crisis of April 2011, exposed this."

There are more practical issues to consider, too, notably how the expanded African court would handle international criminal cases given the financial and technical implications of doing so effectively.

Apollo Mboya, chief executive officer of the Law Society of Kenya, welcomes the idea of expanding the African court but says it would take serious planning to make it happen. As well as adequate funding, the court would need guarantees of independence, and its prosecutors would need to have the right to enter any African state freely to investigate human rights violations.
"In principle, there is nothing wrong with the expansion [of the court]. However, the standards required for it to function require a lot of resources, a burden which I am sceptical Africa is ready to bear," Mboya said.
Such a transnational institution would need powers to investigate, and also mechanisms to protect its witnesses.

"All these structures, as well as the relationship the court will have with African governments must be spelt out clearly. Otherwise, we are heading nowhere and the whole exercise will be in futility," added Mboya.
International commentators on justice issues have expressed scepticism about the idea. Stephen Lamony, an adviser at the Coalition for the International Criminal Court, a non-government organisation that backs the ICC's work, says lack of funding would be a major obstacle.

It cost an estimated 200 million US dollars to set up the Special Court for Sierra Leone in Freetown, for example.

"With the cost of a single international criminal trial estimated at nearly 20 million dollars - almost double the combined approved 2009 budgets of the African Union Commission and the African court - financing is a major issue," Lamony said in an opinion piece for the African Arguments website in December.

Koki Muli, a law lecturer at Kenya's South Eastern University College who was recently appointed as the country's permanent representative at the UN, fears that African states lack the capacity to expand the court's current remit.
"With the right crop of people and leaders, of course African structures and solutions to African problems are the best approach, but we must do it with adequate capacity and infrastructure," Muli said.

Others, however, believe the project will have long-term benefits, and that this should outweigh immediate concerns about cost.

"For me, anything African is welcome," said Justin Muturi, chairman of the Centre for Multi-Party Democracy in Kenya. "If we decide to have the court's jurisdiction expanded, so be it, because we already have the infrastructure in Arusha given that the International Criminal Tribunal for Rwanda is already in place, and Africa has in the last decade been the only region to register uninterrupted economic growth."

Gershom Otachi, who represented Kenya's former police commissioner, Mohammed Hussein Ali, at the ICC's confirmation of charges hearings in 2011, and has acted for defendants at the Rwandan tribunal in Arusha, agrees that the goal of delivering justice locally is worth pursuing.

"Africa may have its own unique weaknesses - mainly resources - but that should not be a basis to deny it the opportunity to try international crimes locally," Otachi said.

Pointing out that many African states have made progress in terms of democracy and transparent governance, he said, "The question of [judicial] independence is not a major one, because if you look across Africa, we are moving towards more open societies."

TWO COURTS, NOT ONE?
While some have seen the proposed African justice mechanism as a riposte to the "foreign" ICC, others believe the two could actually sit well together.
"The whole of Africa coming together to establish such a court is... logical," Charles Kanjama of the Kenyan Law Society said. "If the individual nations cannot prosecute, then the next stop should be at the continental level before seeking the ICC's help."

Granting criminal jurisdiction to the African court would be in tune with a doctrine called "positive complementarity" set out in the ICC's founding treaty, the Rome Statute. This envisages bolstering national judiciaries in countries where the ICC has opened investigations, so that the state in question can build up the expertise and capacity to allow it to try suspects itself in the future.

"Complementarity" currently refers to the judiciaries and laws of individual states rather than transnational structures, so it is unclear how the ICC could cooperate with a regional-level court.

However, some experts believe this could easily be changed.
"The [view] that the ICC cannot cooperate with regional courts is not cast in stone. The Rome Statute is itself a compromise among state parties, who can agree to amend it," Otachi said.

Walter Menya is a reporter for The Star Newspaper in Nairobi. This article was produced as part of a media development programme by IWPR and Wayamo Communication Foundation in partnership with The Star.


Source: http://allafrica.com/stories/201301240664.html?viewall=1

Saturday, January 12, 2013

China's role in Liberia, West Africa

China's role in Liberia
Written By Bernard Gbayee Goah
President, Operation We Care for Liberia

Neo Colonialism - (Go in, pay off the Liberian President and opinion leaders, take as many natural resources as you can and return to China leaving the Liberian people nothing).

So, how does it work?

1.Careless about democracy and human rights in Liberia.
2.Undermine US loans and grants policy towards Africa that uses good governance, accountability, and Human Rights as a prerequisite by giving loans to Liberia through a select few in power, but with no conditions attached. 
3.Engage in cheap quick fix projects that are easily visible to the public but not durable
4.Ignore the Liberalization policy by bringing in Chinese to work on these quick fix projects.
5.Stay away from Liberian politics 
Liberians must speak out and condemn the role of China in Liberia now. Otherwise, there will be nothing left in Liberia to protect.

Wednesday, December 19, 2012

Statement on the senseless shooting at Clackamas

Written by Bernard Gbayee Goah  - President, Operation We Care for Liberia
Personal contact #: (503) 292 2622


The senseless shooting at Clackamas Town Center and the violence at Sandy Hook Elementary in Newtown, Connecticut sadden our hearts today. The families of victims are in our prayers.

We believe that schools should be a safe place for all students, teachers and administrators. Let us not politicize this debate but instead create a dialog that creates a united front in the face of atrocities such as this.

All of us must help to stop these senseless killings and do everything within our power to keep students safe. Never should we become complacent when it comes to school safety and the safety of public spaces.

Thursday, December 6, 2012

Open Letter to Liberia's Peace Ambassador, George Manneh Weah

Operation We Care for Liberia (OWCL) challenges Peace ambassador George Weah to do the right thing. OWCL's President Bernard Gbayee Goah calls on ambassador Weah to advocate for the establishment of a Liberian War Crimes Court as a fulfillment of his promise to the Liberian people.

His Excellency George Manneh Weah
Peace Ambassador
Republic of Liberia, West Africa

Dear Ambassador Weah,

I write you with the request that you share these thoughts with our people, and your people (the Liberian people):

It is incumbent upon you Honorable Ambassador, to speak out against injustices in Liberia. 
In my belief, it will be best in your capacity as Peace Ambassador, to seek peace through justice, reconciliation and unity amongst our people. 

History will judge how you exercise your duty during your service as Peace Ambassador. I therefore call upon you to influence the establishment of a Liberian war crimes court so that Liberia's war victims will receive justice.


Honorable Weah, I realize that among your peers, some voices are claiming that you have done the wrong thing by accepting an appointed position from the President. 
I know that you rightly value your relationship with your friends. Sadly, it is not always popular, especially in our home country Liberia, to advocate for justice that involves bringing our own fathers, mothers, brothers, and sisters, close friends, and love ones to book for what they did, or may have done during the war. But for the sake of fair play, let justice be done to all. 

As a newly appointed peace ambassador by the President of the Republic of Liberia, it may appear embarrassing for you to demand that the President herself answer questions on allegation of war crimes. But Mr. ambassador, the question that must be answered is: What is more embarrassing than to see those who killed over 200,000 people walk freely across the country?  
Manneh, hide not your feelings, just as you did when you said the war in Liberia was unacceptable.  Hide not your feelings, just as you did when you called the United States to intervene to stop the war in Liberia while you were still on the soccer field of play in Europe.

You are undoubtedly aware that our next-door neighbor (Serra Lone) has done the right thing by bringing those who caused the destruction of lives and properties in that country to justice. To prove to us they have backbones, they even brought one of our own to justice and he is now in Prison. The people of Serra Lone demanded justice and they got it. We can do the same!

Been complacent about the little peace Liberia now enjoys as a result of the generosity of the United Nations, only to neglect a path that will bring greater and long lasting peace is a dangerous game to play. 

Mr. Ambassador, Steven Rap -
 former prosecutor at the Special Court for Sierra Leone, and Head of the Office of Global Criminal Justice in the U.S. Department of State said the establishment of a Liberian war crimes court "is not a decision for the United States; not a decision for Steven Rapp. It's a decision for the people of Liberia". 

He said, "what happened in Sierra Leone is that after the end of the war, their President wrote with strong public support for a special court to be established to be a partnership with Sierra Leone and the United Nations".  Public support is the main phrase in the above paragraph. And you Honorable Ambassador, can easily get the support of the Liberian public on this issue.


Steven Rapp also said the decision over whether or not a war crimes court should be established in Liberia is not a decision for the United States of America to make but one the Liberian government will have to initiate in order for such court to become a reality. 

Once you get the support of the Liberian public, they can pressure themselves/government to cave in to their demands. To me, the Liberian government in this context means the people of Liberia; it means public support of the establishment of a Liberian War Crimes Court. That is why I want you Mr. Ambassador, to use your office to relay the need for our people to demand the establishment of such court in Liberia. After all, the people are the government aren't they?

As you are even more aware, Individuals who masterminded the killings of innocent Liberians to include the killing of those who influenced the successfulness of your soccer career are the judges in charged of running the affairs of the country today. Your advocacy to bring to book those who caused the deaths of over 200,000 innocent People, some of whom were your soccer fans, is an act of being a witness to your call as a just leader, and that you believe in fair play, and the rule of law. 
This is your chance to show who you are, and what you stand for during these difficult times of Liberia's political lifecycle. 


I know that you want freedom, a just and peaceful Liberia, where the rule of law will be the language of the day. I want you to know that the same justice you wanted when innocent Liberians were killed during these gone elections is the same justice we want for those who were killed for nothing during the course of Liberia's civil war. 
Now there you are, in just the right position to make a change, a positive change that brings lasting peace and justice to your people. Take advantage of it, and do the right thing.  

I like to bring to your attention that the foundation upon which any legal government must function is "The Rule of law". And such foundation, though on the books is greatly compromised today in Liberia. National reconciliation, economic recovery, the combat of corruption, good governance, transparency, and accountability cannot happen in Liberia if Justice is out of the equation. Without justice, effectively managing Liberia's natural resources, and the issue of land reform will be meaningless. That is why I ask that you use your position to influence the popular demand for the establishment of a Liberian War Crimes Court. Doing so would deter those who believe in running the affairs of Liberia using cowboy criterion that only favors might over right. I am of the conviction that once the rule of law is put into place in Liberia, all other good things will follow by default. 

Manneh, again, this is it! Do not let it slip from your hands. Make history like you did when you made us proud in the world of soccer yesteryears. Remember, it is now in your reach to tell your people to demand justice for their loves ones who were killed for nothing. 

Please let me know that you will by no means mind the deliciousness of an okra soup only to  swallow a bone. Take your time and do the right thing this time.


I hope to hear from you soon.
 
Respectfully yours,
 
Bernard Gbayee Goah
President, Operation We Care for Liberia
Personal Phone: (503)292-2622 
Personal Email: bgoah76@yahoo.com

Wednesday, October 10, 2012

Taylor Prosecutor: War Crimes Court in Liberia ‘Not A Decision For U.S.’ to Make

Taylor Prosecutor: War Crimes Court in Liberia 'Not A Decision For U.S.' to Make

Look to Sierra Leone: "This is not a decision for the United States; not a decision for Steven Rapp who used to be a prosecutor at the Special Court for Sierra Leone; It's a decision for the people of Liberia. What happened in Sierra Leone let's not forget is that after the end of the war, their President wrote with strong public support for a special court to be established to be a partnership with Sierra Leone and the United Nations. - Steven Rapp, Head of the Office of Global Criminal Justice in the U.S. Department of State
Monrovia[/B] – The head of the Office of Global Criminal Justice in the U.S. Department of State, Ambassador Steven Rapp says the decision over whether or not a war crimes court should be established  in Liberia is not a decision for the United States of America to make but one the Liberian government  will have to initiate in order for such court to become a reality.

Addressing heads of select media institutions in Monrovia Tuesday, Ambassador Rapp drew contrast between Liberia and Sierra Leone, who said initiated the discussions for a War Crimes court with the United Nations and the international community.

Said Rapp: "This is not a decision for the United States; not a decision for Steven Rapp who used to be a prosecutor at the Special Court for Sierra Leone; It's a decision for the people of Liberia."

"What happened in Sierra Leone let's not forget is that after the end of the war, their President wrote with strong public support for a special court to be established to be a partnership with Sierra Leone and the United Nations."

"And the initiative came from the Sierra Leone side and if there is an initiative from the Liberian side the rest of the world would respond to that and people in Liberia process the consultations on this issue."

The War Crimes Court in Sierra Leone originated from a June 12, 2000 letter written by President Ahmad Tejan Kabbah to then United Nations Secretary General Kofi Annan asking the international community to try those responsible for crimes during the conflict.

The UN in turn adopted on August 10 2000,  a resolution requesting the Secretary-General to start negotiations with the Sierra Leonean government to create a Special Court. On 16 January 2002, the UN and the government of Sierra Leone signed an agreement establishing the court.

Ambassador Rapp said the question of what's going to happen in the future is in the hands of the Liberian people and the democratic system but the U.S. as a partner of Liberia and strong supporter of its people, will support realistic approaches to achieving accountability and reconciliation in the post-war nation but it is not for the U.S. to decide what those approaches should be.

The U.S. envoy declined to delve into the resignation Monday of Nobel Laureat Leymah Gbowee, who stepped down from the Reconciliation Commission citing President Ellen Johnson-Sirleaf's failure to curb corruption.

Said Ambassador Rapp: "I'm not familiar with this particular commission. This is not something I am going to comment on. This is a sovereign nation. There are people appointed to positions, there are people who resign them and do it for a variety of reasons and what we want is that good people  be appointed and serve and work for reconciliation. There are many people that are in interested in that and we're hoping that the commission can move forward with people that are prepared to work with it."

The Ambassador recommended for Liberia a process that establishes the truth and recognizes the suffering of the victims which there are hundreds of thousands – dead and alive, experienced during the civil war and one that is focused on allowing people to live together in peace in the future and sends a message that these kinds of crimes, the murder and mutilation of children, the sexual violence and use of child soldiers and all of these acts, people understand is wrong and this is not the way in which you can gain or keep power and in future those kinds of things will not happen again.

[B][IMG]/images/stories/rappwc2.jpg[/IMG]
Ambassador Rapp said the question of what's going to happen in the future is in the hands of the Liberian people and the democratic system but the U.S. as a partner of Liberia and strong supporter of its people, will support realistic approaches to achieving accountability and reconciliation in the post-war nation but it is not for the U.S. to decide what those approaches should be.
[/B]The U.S. envoy cautioned that in most parts of the world the establishment of such systems is not done over night.

"These things don't happen overnight. There are countries in South America where they are happening more than 30 years after the events occurred."

"And those process are the ones in which the people in those countries took it upon themselves and seek out advice and participation from people in other countries, not necessarily South America but other countries have gone through the same kinds of things."

"As far as the specific measures I think Liberians should look at what's worked elsewhere and what would work for them and it is not for me to come up and say it has to be this model or that model."

Pressed on what time period of the war such a court should stipulate, Ambassador Rapp said Liberians should have to decide.

"These are decisions that you will have to make. In Sierra Leone, the international community made it November 30, 1996 which actually knocked out some of the crimes that happened during the war."

"As prosecutor I like to have it broader so I can have the whole picture in there. On the other hand, you have to have multiple processes. Bad things have happened in all of our countries and if you did established some kind of specialized courts there has to be a timeframe. I know in the case of the TRC, the timeframe began in '79 when the violence began and 1980 when Doe came to power. That was the sort of time period but these are the decisions for the people in this country."

Ambassador Rapp prevailed on Civil Society organizations to work with Liberians to find the best approach on the War Crimes issue. "I've met with civil society organizations and my advice to them is to consult with their fellow Liberians to use the democratic process to press those ideas forward and the ones that make sense, and have those ideas factor in decisions in terms of the way forward."

"This country has already had a Truth and Reconciliation Commission and another step could be taken but we do support a process of the establishment of the truth and that would contribute to future peace and reconciliation."

Ambassador Rapp was appointed by President Obama, confirmed by the Senate, and assumed his duties on September 8, 2009. Prior to his appointment, Ambassador Rapp served as Prosecutor of the Special Court for Sierra Leone beginning in January 2007, responsible for leading the prosecutions of former Liberian President Charles Taylor and other persons alleged to bear the greatest responsibility for the atrocities committed during the civil war in Sierra Leone.

During his tenure in Sierra Leone, his office won the first convictions in history for recruitment and use of child soldiers and for sexual slavery and forced marriage as crimes under international humanitarian law.

From 2001 to 2007, Mr. Rapp served as Senior Trial Attorney and Chief of Prosecutions at the International Criminal Tribunal for Rwanda, personally heading the trial team that achieved convictions of the principals of RTLM radio and Kangura newspaper—the first in history for leaders of the mass media for the crime of direct and public incitement to commit genocide.

Mr. Rapp was United States Attorney in the Northern District of Iowa from 1993 to 2001, where his office won historic convictions under the firearms provision of the Violence Against Women Act and the serious violent offender provision of the 1994 Crime Act. Prior to his tenure as U.S. Attorney, he worked as an attorney in private practice and served as Staff Director of the U.S. Senate Judiciary Subcommittee on Juvenile Delinquency and as an elected member of the Iowa Legislature.

He received his BA degree from Harvard College in 1971. He attended Columbia and Drake Law Schools and received his JD degree from Drake in 1974.

Monday, October 8, 2012

Nobel laureate Leymah Gbowee disowns fellow winner Ellen Johnson Sirleaf

Nobel laureate Leymah Gbowee disowns fellow winner Ellen Johnson Sirleaf

Leymah Gbowee, the social worker who won last year's Nobel Peace Prize with Liberia's Ellen Johnson Sirleaf, has publicly disowned her co-laureate for failing to fight graft and nepotism in her country.

Nobel laureate Leymah Gbowee disowns fellow winner Ellen Johnson Sirleaf
Nobel laureate Ellen Johnson Sirleaf, left, and fellow winner Leymah Gbowee Photo: AFP/GETTY
3:33PM BST 08 Oct 2012
Speaking on a visit to Paris for the launch of the French edition of her book 'Mighty Be Our Powers', Ms Gboweee said: "People are very disappointed. We have a deficit when it comes to having a moral voice in the country."
Ms Gbowee, who said she felt guilty for not speaking out earlier, also revealed that she was stepping down as the head of Liberia'sreconciliation commission in frustration at its lack of progress.
"We worked hard for peace," she said, adding that Ms Sirleaf herself was critical of the regime of William Richard Tolbert, who was Liberia's president from 1971 to 1980.
Mr Tolbert like Ms Sirleaf belonged to Liberia's elite Congo Liberian social class whose members descended from freed American slaves dominated the country's political landscape. They are accused of ignoring the masses.
Mr Tolbert had placed cronies and family members in top jobs before being toppled in a violent coup.
"What has changed?" said Ms Gbowee. "Her sons are on the board of oil companies and one is the deputy governor of the central bank. The gap between the rich and poor is growing. You are either rich or dirt poor, there's no middle class."
The feisty Ms Gbowee, who says her mission in life is to fight injustice and bring peace, said she was resigning as head of the National Peace and Reconciliation Initiative as "not enough is being done for national healing."
She added: "I feel I have been a disappointment to myself and Liberia. Not speaking is as bad as being part of the system. Some may say I am a coward but the opportunity to speak out has come here.
"I will also speak about it when I get home."
Ms Gbowee, Ms Sirleaf and Tawakkul Karman, a Yemeni journalist and a leading figure in anti-government protests, were jointly awarded the Nobel Peace Prize in 2011 for "for their non-violent struggle for the safety of women and for women's rights to full participation in peace-building work".
Liberia reeled under two back-to-back civil conflicts that lasted 14 years. Marked by extreme brutality they claimed the lives of 250,000 people.
When first elected, Ms Sirleaf declared war on corruption, but failed to make serious inroads despite dismissing several ministers.
She won a second term in 2011 elections and tackling graft is still one of the most pressing issues in the country a decade after the end of war.
Ms Gbowee added Monday: "In her first term she developed infrastructure. But what good is infrastructure if people don't have enough to eat?"
"Development in a land of hungry, angry people is nothing. When they get angry, they will burn it down because it is not connected to a large section of the population."
In June the International Crisis Group released a report warning that corruption, along with nepotism, impunity and unemployment, could "jeopardise Liberia's democracy."
Ms Gbowee, who staged peace protests to bring a halt to Liberia's war with a quirky mix of prayer and a sex strike – urging women to shun sex with their partners – said she was "under a lot of pressure to say more and do more" to correct the state of affairs in Liberia.
"Every day I get telephone calls. They say 'do something, do something.'"

Only Liberians themselves know best the pains they suffered.

Liberians had full knowledge of the people who sought to lead their country. The Backgrounds and past activities of those who ran for public offices have been no secret.

The most nonsensical part of the story is, while allegations of War Crimes remain unaddressed, and those suspected of committing them were vying for public positions, Liberians at home and abroad rallied around these very individuals; legitimizing an electoral process for which this nation was clearly ill prepared.

Bernard Gbayee Goah
President, Operation We Care for Liberia

Friday, October 5, 2012

Mali: Algerian 'State Terrorism' and Atrocities in Northern Mali

Tagged: AlgeriaConflictMaliNorth AfricaSustainable DevelopmentWest Africa
OPINION
What began ostensibly in January 2012 as just another rebellion by the Sahara desert's Tuareg tribesmen has evolved into what media commentators are calling 'Africa's Afghanistan'.
The Tuareg are Berbers, not Arabs, and are the indigenous population of much of the Central Sahara and Sahel. Their population is estimated at 2-3 millions. Their largest numbers, some 800,000, live in Mali, followed by Niger, with smaller concentrations in Algeria, Burkina Faso and Libya. In addition, a diaspora extends to Europe, North America, other parts of North and West Africa, the Sahel and beyond.
Since Independence in 1960, the Tuareg of Mali and Niger have rebelled against their central governments on several occasions. In 1962-4, a rebellion by Mali's Tuareg was crushed ruthlessly. Major rebellions in both countries in the 1990s were forcibly repressed, with government forces specifically targeting civilians. Since then, Niger experienced a small rebellion in 2004 and a much greater one from 2007 to 2009. In Mali, a brief rebellion in May 2006 was followed by a two-year uprising from 2007 until 2009 when it dissipated into an inconclusive and transient peace. While the Niger and Mali governments have both been guilty of provoking Tuareg into taking up arms, all Tuareg rebellions have been driven by a sense of political marginalisation.
However, the rebellion that began in Mali in January 2012 was different. The Tuareg had more and better equipped fighters than in previous rebellions. This was because many had returned from Libya after Gaddafi's overthrow, bringing with them extensive supplies of modern and even heavy armaments. For the first time in the long history of Tuareg rebellions, there was a real likelihood that the Tuareg might drive Malian government forces out of northern Mali, or Azawad, as it is known to Tuareg.
In October 2011, the Malian Tuareg who had returned from Libya joined up with fighters belonging to Ibrahim ag Bahanga's rebel Mouvement Touareg du Nord Mali (MTNM) to form the Mouvement National de Libération de l'Azawad (MNLA). Even though Bahanga had died under mysterious circumstances in August, his men were still intent on continuing their fight against the central government. They were also joined by several hundred Tuareg who had deserted from the Malian army.
The first shots in the new rebellion were fired on January 17 when the MNLA attacked the town of Ménaka. The following week, the MNLA attacked both Tessalit and Aguelhok. Tessalit was besieged for several weeks before falling to the MNLA in March. At Aguelhok, some 82 Malian troops, who had run out of ammunition, were massacred in cold blood on January 24. This 'war crime' has been referred to the International Criminal Court (ICC).
Such a humiliating demise of Mali's poorly equipped forces led to an army mutiny on March 22 and a junta of low-ranking officers taking power in Bamako. Within a week, the three provincial capitals of Azawad - Kidal, Gao and Timbuktu - all fell to the rebels without resistance, leaving the whole of Azawad in rebel hands. On April 5 the MNLA declared Azawad an independent state.
The declaration of Azawad's independence received no international support, nor was it ever likely to do so. One reason for this was because of the alliance between the MNLA and the Islamist group called Ansar al-Din, a jihadist movement led by a local Tuareg notable, Iyad ag Ghaly. Ansar al-Din was in alliance with another jihadist group, Jamat Tawhid Wal Jihad Fi Garbi Afriqqiya (Movement for Oneness and Jihad in West Africa - MUJAO), with both being supported by Al Qaeda in the Islamic Maghreb (AQIM).
At the start of the rebellion in January, the MNLA claimed to number several thousand, while Ansar al-Din numbered scarcely a hundred. However, by April, and for reasons that have remained a mystery to the media, it was the Islamists rather than the MNLA who were calling the shots in Azawad. Indeed, on June 25, fighting between the Islamists and MNLA led to the latter being displaced from Gao, leaving Kidal, Gao and Timbuktu being ruled respectively by Ansar al-Din, MUJAO and AQIM.
With the MNLA marginalized, the Islamists quickly began imposing shari'a law in Azawad. In Gao, a young man died after having his hand amputated for alleged theft; in Aguelhok, a couple were stoned to death for alleged adultery; in Timbuktu, ancient Sufi tombs, UNESCO world heritage sites, were destroyed. Throughout the region, music, smoking, alcohol, TV, football, traditional forms of dress and lifestyle were all banned as Islamists dished out beatings, amputations and executions with a vengeance. By August, nearly half a million people had fled or been displaced.
In spite of concern being expressed at the apparent emergence of 'Africa's Afghanistan' in the heart of the Sahara, no one has been prepared to address the key issue behind what is really going on in northern Mali. This is that the Islamist 'terrorist' groups that have taken over control of the region are not only the creations of Algeria's secret police, the Département du Renseignement et de la Sécurité (DRS), but they are being supplied, supported and orchestrated by the DRS.
In my two volumes on terrorism and the global war on terror (GWOT) in the Sahara-Sahel, The Dark Sahara (Pluto, 2009) and The Dying Sahara (Pluto 2012, in press), I describe and give detailed evidence of how Algeria's DRS has colluded with western military intelligence in fabricating 'false-flag' terrorism to justify the West's GWOT in Africa. The two volumes detail how AQIM was created by the DRS; how the DRS has been behind almost all of the more than 60 kidnaps of western hostages in the region since 2003 and how it has worked with the US, UK and French intelligence services in promoting the GWOT, state terrorism and co-called counter-terrorism policies.
What we have seen unfold in Mali during 2012 is merely the latest manifestation of the way in which the DRS has used the 'terrorists' that it has created to further the interests of Algeria's 'mafiosi' state.
Corroboration of my long-standing analysis of the Algerian regime's use of terrorism ('state terrorism') in helping to further and justify the west's GWOT in North Africa and beyond was provided by John Schindler on July 10 (2012). In an article in The National Interest entitled 'The Ugly truth about Algeria', Schindler, a former high-ranking US intelligence officer and long-standing member of the US National Security Council (NSC) and currently Professor of National Security Affairs at the US Naval War College, 'blew the whistle' on Algeria when he described how:
'the GIA (Armed Islamic Group) [of the 1990s] was the creation of the DRS; using proven Soviet methods of penetration and provocation, the agency assembled it to discredit the extremists. Much of GIA's leadership consisted of DRS agents, who drove the group into the dead end of mass murder, a ruthless tactic that thoroughly discredited GIA Islamists among nearly all Algerians. Most of its major operations were the handiwork of the DRS, including the 1995 wave of bombings in France. Some of the most notorious massacres of civilians were perpetrated by military special units masquerading as mujahidin, or by GIA squads under DRS control.'
The DRS's 'state terrorism' of the 1990s has changed little during this millennium. In the same way as Schindler describes how the DRS assembled the GIA in the 1990s, so, in this century, the DRS, in collusion with US, British, French and other NATO intelligence agencies, as well as the EU Commission (as documented in my two volumes: 'The Dark Sahara' and 'The Dying Sahara'), has created AQIM, or what I have referred to as 'Al Qaeda in the West for the West'.
This diabolical strategy, straight from the tradecraft manual of the KGB (who, incidentally trained Mohamed Mediène, the current DRS boss, and other top DRS Generals), was reactivated in 2003, when a DRS agent, Saifi Lamari (known as El Para), supported by DRS agent Abdelhamid Abou Zaïd, at the head of some 60 genuine members of the Groupe Salafiste pour le Predication et le Combat (GSPC), the successor to the GIA, in collusion with US military intelligence, took 32 European tourists hostage in the Algerian Sahara. This operation, which received world headlines and was the subject of my book 'The Dark Sahara', was used by the US and other western countries to justify the launch of a new or 'second front' in the GWOT into the Sahara and Africa.
In September 2006, the nondescript GSPC, with the help of the DRS and US intelligence agencies, internationalised itself by adopting the Al Qaeda brand and renaming itself as AQIM. AQIM's three emirs (leaders) in the Sahara, Abdelhamid Abou Zaïd, Yahia Djouadi and Mokhtar ben Mokhtar (they have many aliases), were and still are DRS agents. They have now been responsible for the kidnapping of over 60 western hostages (two have been killed and two have died) and most of the other acts of terrorism perpetrated in the Sahara-Sahel region over the last few years. This is known to most western intelligence agencies.
The creation of the MNLA in October 2011 was not only a potentially serious threat to Algeria, but one which appears to have taken the Algerian regime by surprise. Algeria has always been a little fearful of the Tuareg, both in Algeria and in the neighbouring Sahel States. The distinct possibility of a militarily successful Tuareg nationalist movement in northern Mali, which Algeria has always regarded as its own backyard (the Kidal region is sometimes referred to as Algeria's 49th wilaya), could not be countenanced.
The DRS's strategy to remove this threat was to use its control of AQIM to weaken and then destroy the credibility and political effectiveness of the MNLA. Although denied by the Algerian government, it sent some 200 Special Forces into Azawad on December 20, stationing them at Tessalit, Aguelhok and Kidal (and possibly elsewhere). Their purpose appears to have been to:
(1) protect AQIM which had moved from its training base(s) in southern Algeria into the Tigharghar mountains of northern Mali around 2008. Most of AQIM's subsequent terrorism, especially hostage-taking, had been conducted from bases in northern Mali. The MNLA, however, was threatening to attack AQIM and drive its estimated 300 members out of the country;
(2) assess the strengths and intentions of the MNLA;
(3) help establish two 'new' salafist-jihadist terrorist groups Ansar al-Din and MUJAO, alleged 'offshoots' of AQIM, in the region.
Ansar al-Din and MUJAO, which had not been heard of before, first appeared on local websites on December 10 and 15 respectively. The leaders of both groups were closely associated with the DRS. Iyad ag Ghaly first became acquainted with the DRS when he worked for an Algerian enterprise in Tamanrasset (Algeria) in the 1980s. He had subsequently been used and paid by the DRS to help manage their resolution of EL Para's 2003 hostage-taking. He had been used again by the Algerians and the US in 2006 to engineer the short-lived May 23 Kidal rebellion and to then undertake two fabricated terrorist actions in northern Mali in September and October 2006. These were used to draw attention to seemingly renewed 'terrorism' in the Sahara and to advertise the name change of the GSPC to AQIM. After 2008, he became heavily involved, with his cousin Hamada ag Hama (alias Taleb Abdoulkrim), in AQIM's hostage-taking operations.
MUJAO's leadership is less clear. Its initial leaders are believed to have included both Mohamed Ould Lamine Ould Kheirou, a Mauritanian, and Sultan Ould Badi (alias Abu Ali). Ould Badi is a Malian, said to be half Tuareg and half Arab, from north of Gao with good connections with the Polisario movement of the Western Sahara. It seems to have been through this later connection that he established himself as a major drugs (cocaine) trafficker in the region, working under the direct protection of General Rachid Laalali, head of the DRS's external security branch. One reason for the DRS's interest in northern Mali is that the region is the focal point on the cocaine trafficking route from South America to Europe. The UN estimates that some 60 per cent of Europe's cocaine, with a street value of some $11 billion, crosses through this region. It is a trade which, until the MNLA threatened to take over the region, has been controlled in large part by elements within Algeria's DRS.
These two Islamist groups, Ansar al-Din and MUJAO, although starting out as few in number, were immediately supported with manpower from AQIM in the form of seasoned, well-trained killers, and by the DRS with fuel, cash and other logistical necessities. This explains why the Islamists were able to expand so quickly and dominate the MNLA both politically and militarily.
The DRS's strategy has been brilliantly effective, at least so far, in achieving its object of completely discrediting the MNLA (and Tuareg nationalism) and minimising its threat as both a political and military force.
The DRS's strategy has, however, been extremely dangerous. Apart from turning the region into a human catastrophe, there has been, and still is, a major risk of military intervention and the possibility of a conflagration that could embrace much of the wider region. From the outset, various parties, notably the 15-member Economic Community of West African States (ECOWAS), backed in varying degree by the African Union, France and other parties, has threatened to intervene militarily. There are also a considerable number of internal Malian forces, including a range of largely ethnic-based militia, straining on the leash to revenge themselves against both the MNLA and more especially the Islamists.
A potential bloodbath has not yet been averted. However, having said that, the likelihood of such military intervention is progressively diminishing. One reason for this is because neither the African Union (whose Peace and Security Commission is headed by an Algerian) or the UN Security Council (UNSC) have given the green light for such intervention. The reason for the UNSC's position is, I believe, quite simply because all five of its permanent members - the US, UK, France, Russia and China - are aware of Algeria's strategy and therefore do not see the situation as being 'Africa's Afghanistan', as described in the media and by those self-proclaimed 'security analysts' who are unaware of the true nature of Al Qaeda in this part of the world.
This is not to imply that Algeria will be able to call off its dogs easily. However, signs are that Algeria and other powers in the region are trying to move towards a negotiated solution. But that will not be easy. With so many armed militias in the wings and so much anger, suffering and desire for revenge in the air, the likelihood of individual agency coming to the fore is very high. While the DRS leadership of the Islamist groups is obviously managed easily, the question of the genuine Islamists, the foot soldiers, may not be resolved so easily. Already, there are signs that Algeria is pushing towards a solution centering around the creation of some sort of shari'a based political party, amongst others, in the region. Such a party is unlikely to be endorsed wholeheartedly by the bulk of the population, and if introduced coercively is more than likely to lead to further conflict.
Whatever sort of dispensation is found for the region, it will almost certainly be tied to Algeria's hegemonic designs on the region and drugs trafficking, both of which are recipes for future regional instability.
Finally, there is the matter of the ICC's investigation. If the ICC does progress from its current preliminary investigation to a full-blown investigation of war crimes and associated atrocities in the region, it could conceivably pave the way for justice and a more stable future. However, I believe that there will be huge pressure on the ICC from western powers not to proceed with the investigation. A full ICC investigation is likely to expose the involvement of US, British and French intelligence services in their support for the DRS and therefore, it could be argued, their complicity in the atrocities that have been committed.
Jeremy H. Keenan is Professorial Research Associate, Department of Social Anthropology and Sociology, School of Oriental and African Studies (SOAS), London University.

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