TRC Mandate
Enacted on May 12, 2005, by
the National Transitional Legislative Assembly, the TRC Mandate is the
Act That Established the Truth And Reconciliation Commission (TRC) of
Liberia.
PREAMBLE
Whereas in
1847, Liberia was declared the first independent Republic in Africa
as a beacon of hope, freedom, liberty and justice;
AND
Whereas the
nation, since its independence, has been confronted with challenges
and socioeconomic and political conflicts, which polarized the nation
and culminated in the violence of the late 1970s leading to the military
coup in 1980;
AND
Whereas the
violence during the 1980s led to even greater violence and armed conflict
during the 1990s, decimating and displacing much of the population,
internally and externally, ravaging the economy, polarizing the population
further and thereby necessitating an intervention by the international
community to restore peace and security to Liberia;
AND
Whereas the
overwhelming aspiration of the people of Liberia for peace and security
resulted in the convening of a number of peace conferences and the adoption
of several peace agreements, which eventually culminated in the adoption
of the Comprehensive Peace Agreement (CPA) as a sovereign state instrument
in the City of Accra, Republic of Ghana, on August 18, 2003, thus bringing
to a formal end the civil strife and wars which have bedeviled the nation;
AND
Inspired by
the principles of Chapter II, Article 5(a) of the 1986 Constitution
of Liberia, which provides that the national policies of the Republic
shall “aim at strengthening the national integration and unity of
the people of Liberia, regardless of ethnic, regional or other differences,
into one body politic; and the Legislature shall enact laws promoting
national unification and the encouragement of all citizens to participate
in government";
AND
Considering
that the civil conflict was generally characterized by gross violations
of human rights and the widespread commission of gruesome and heinous
crimes against humanity in further violation of international humanitarian
laws and standards;
AND
Convinced that
national peace and security, unity and reconciliation are indispensable
to the attainment of national development goals and objectives that
ensure socioeconomic growth, development and prosperity;
AND
Recognizing
that introspection, national healing and reconciliation will be greatly
enhanced by a process which seeks to establish the truth through a public
dialogue which engages the nation about the nature, causes and effects
of the civil conflicts and the impact it has had on the Liberian nation
in order to make recommendations which will promote peace, justice and
reconciliation;
AND
Recalling that
Article XIII of the CPA provides for the establishment of a Truth and
Reconciliation Commission to “provide a forum that will address issues
of impunity, as well as an opportunity for both the victims and perpetrators
of human rights violations to share their experiences in order to get
a clear picture of the past to facilitate genuine healing and reconciliation”;
AND
Recognizing
that prior to the enactment of this TRC Act the Chairman of the National
Transitional Government of Liberia appointed a group of nine (9) commissioners;
AND
Recalling also
that the CPA further mandates in Article XIII that “ in the spirit
of national reconciliation, the Commission shall deal with the root
causes of the crises in Liberia, including human rights violations…[and]
among other things, recommend measures to be taken for the rehabilitation
of victims of human rights violations …”.
AND
Reaffirming
the commitment of the Liberian people to peace and justice, unity, national
healing and reconciliation and the general principles of human and peoples’
rights as enshrined in the Constitution of the Republic of Liberia,
the African Charter on Human and Peoples' Rights, the Charter of the
United Nations and the Universal Declaration of Human Rights and also
other international conventions and protocols relating to the rights
and protections of women and children;
NOW THEREFORE,
It is enacted
by the National Transitional Legislative Assembly of the National Transitional
Government of Liberia, in Legislature Assembled:
Article I
TITLE OF ACT
Section 1.
This Act shall be cited as “An Act to Establish the Truth and Reconciliation
Commission of Liberia” or “The TRC Act of Liberia” for short.
Article II
DEFINITIONS
“Chairman”
means the Chairman of the Commission designated pursuant to section
13 of this Act;
“Commissioners”
means the nine commissioners who are appointed by the Head of State,
as described in section 7 and 8 of this Act;
“Commission”
means the Truth and Reconciliation Commission of Liberia established
in section 2 of this Act;
“Selection
Panel” means the selection panel of seven individuals cited in section
8 of this Act;
“Human Rights
violations” means: (1) violations of international human rights standards,
including, but not limited to, acts of torture, killing, abduction and
severe ill-treatment of any person; (2) violations of international
humanitarian law, including, but not limited to, crimes against humanity
and war crimes.
“Violations
of International Humanitarian law” includes the Geneva Conventions
of 12 August 1949 and its Additional Protocols.
Definitions
of all other terms shall be guided by international human rights standards.
Article III
ESTABLISHMENT
Section 2.
There is hereby established a body corporate to be known as the Truth
and Reconciliation Commission (TRC) of Liberia.
Section 3.
The National Office of the TRC shall be established in The City of Monrovia,
with county or regional suboffices, branches or units established in
other parts of Liberia and elsewhere at the discretion of the TRC for
the purpose of accomplishing its mandates and functions and in exercise
of the powers granted by this Act.
Article IV
MANDATE OF THE COMMISSION
Section 4.
The objectives/purpose of the Commission shall be to promote national
peace, security, unity and reconciliation by:
a. Investigating
gross human rights violations and violations of international humanitarian
law as well as abuses that occurred, including massacres, sexual violations,
murder, extra-judicial killings and economic crimes, such as the exploitation
of natural or public resources to perpetuate armed conflicts, during
the period January 1979 to October 14, 2003; determining whether these
were isolated incidents or part of a systematic pattern; establishing
the antecedents, circumstances factors and context of such violations
and abuses; and determining those responsible for the commission of
the violations and abuses and their motives as well as their impact
on victims.
Notwithstanding
the period specified herein, the Commission may, on an application by
any person or group of persons, pursue the objectives set out in this
Article IV (Mandate of the Commission) in respect of any other period
preceding 1979.
b. Providing
a forum that will address issues of impunity, as well as an opportunity
for both victims and perpetrators of human rights violations to share
their experiences in order to create a clear picture of the past so
as to facilitate genuine healing and reconciliation;
c. Investigating
the antecedents of the crises which gave rise to and impacted the violent
conflict in Liberia;
d. Conducting
a critical review of Liberia’s historical past in order to address
falsehoods and misconceptions about the nation’s past socioeconomic
and political development.
e. Adopting
specific mechanisms and procedures to address the experiences of women,
children and vulnerable groups, paying particular attention to gender-based
violations, as well as to the issue of child soldiers, providing opportunities
for them to relate their experiences. Addressing concerns and recommending
measures to be taken for the rehabilitation of victims of such violations
in the spirit of national reconciliation and healing.
f. Compiling
a report that includes a comprehensive account of the activities of
the Commission and its findings.
Section 5.
The TRC shall be established within three months of the enactment into
law of this legislation. Upon establishment, the Commission shall be
given three months' preparatory period within which to facilitate activities
necessary to begin its mandatory functions. The Commission shall have
a two-year lifespan in which to carry out its operational work with
a further three months to wrap up its activities and write a report
on its activities and findings.
Section 6. The National Legislature
may on request by the TRC, by resolution, extend its tenure for an additional
period of three months at a time only for good cause(s) shown. In no
case shall such a request for the extension be given for more than four
times.
Article V
COMPOSITION
Section 7.
The TRC shall comprise nine commissioners, of which at least four will
be women. The Head of State, subject to sections 8 and 9 hereof shall
appoint members of the TRC.
Section 8.
A Selection Panel shall be comprised of seven individuals of integrity,
repute and good standing in public life, and constituted as stipulated:
a. Three representatives
from civil society organizations,
b. Two representatives from political parties,
c. One representative from the United Nations Organization (UN) and
d. One representative from the Economic Community of West African States
(ECOWAS).
Section 9.
a. The Selection Panel shall be coordinated by the ECOWAS Representative,
who shall preside over the Selection Panel as head and coordinate the
process of selecting representatives as stipulated in section 8. The
Selection Panel shall vet nominees pursuant to the criteria set forth
in section 11 of this Act and shall conduct a process of public scrutiny
based on individual nominations and other petitions from the general
public, institutions and organizations.
b. Recognizing
that the Chairman of the NTGL appointed commissioners before the enactment
of legislation establishing the Commission and acknowledging the role
they have played in the TRC consultative process, affirming the need
for the TRC process to be credible and legitimate and accepted by the
nation, the Commissioners appointed by the Chairman of the NTGL before
the enactment of the TRC Act will be vetted pursuant to the criteria
set forth in section 11 of this Act.
Where any one
of the current Commissioners is found to have met the character criteria
in section 11 of this Act, he/she will be automatically considered a
confirmed member of the Commission. In the event that any one of the
current Commissioners does not meet the character criteria set forth
in this Act, leaving vacancies on the Commission, the Selection Panel
shall solicit nominations for Commission members, review, vet and select
from those nominations to produce a short list of 15 vetted candidates
to be presented to the Head of State for his selection and appointment
to the commission.
Once the vetted
commissioners are selected and appointed by the Head of State, they
shall be subject to confirmation hearings before the National Legislature.
Section 10.
An International Technical Advisory Committee (ITAC) of three persons
shall be constituted to work directly with the Commissioners in the
fulfillment of their mandate. These advisors shall have full disclosure
rights in all matters regarding the Commission’s activities and likewise
be responsible as Commissioners for maintaining confidentiality according
to Article IV, Section 25. Members of the International Technical Advisory
Committee shall attend all meetings and forums of the Commission, provide
advisory opinions on any and all issues considered by commission members,
shall be entitled to full rights and privileges as commissioners, except
that advisors shall not vote during such meetings. Members of this Committee
shall be selected as follows: ECOWAS shall nominate two individuals
for membership in the Committee and the United Nations High Commissioner
for Human Rights shall nominate one individual for membership in the
Committee. All advisors shall be individuals of international distinction
and repute.
The Head of
State shall formally appoint the nominated individuals to the TRC in
the capacities described herein.
Section 11.
Members of the TRC shall be persons in good health, of credibility,
high integrity and honour; not known or perceived as human rights violators
or members of groups involved in human rights violations; and without
prior conviction for a crime. As a whole, the Commission shall be balanced,
representative of Liberian society, perceived as impartial in its collectivity,
and of diverse professional and regional backgrounds. Upon appointment,
commissioners shall renounce their membership in political parties.
Section 12.
Members of the TRC shall be employed by the Government of Liberia and
shall render services on a full-time basis and receive remuneration
in an amount determined not to be less than that received by Justices
of the Supreme Court of Liberia. Members of the International Technical
Advisory Committee shall receive remuneration pursuant to international
standards for persons carrying out similar mandates.
Section 13.
Commissioners shall meet and shall designate from amongst themselves
one of the Commissioners as the Chairperson and another as the Vice
Chairperson of the Commission.
Section 14.
Members of the TRC shall be removed for cause, such as misbehaviour,
incapacity and incompetence, only by impeachment in the same manner
provided for removal in the Constitution of Liberia of Justices of the
Supreme Court of Liberia.
Section 15.
A commissioner may at any time resign by tendering his or her resignation
in writing to the Head of State provided that a 30-day notice is given.
Section 16.
Vacancies on the TRC for any reason whatsoever shall be filled from
the original pool of 15 short-listed candidates until the list is exhausted.
Section 17.
If both the Chairperson and Vice Chairperson are absent or unable to
perform their duties, the other commissioners shall from among their
number nominate an Acting Chairperson for the duration of such absence
or incapacity.
Section 18.
The persons appointed or employed by the Commission who are not officials
of the state, shall receive such remuneration, allowances and other
employment benefits and shall be appointed on such terms and conditions
and for such periods as the Commission may determine.
Section 19.
Meetings and quorum of meetings:
a. A meeting
of the Commission shall be held at a time and place determined by the
Chairperson of the Commission or, in the absence of inability of such
Chairperson, by the Vice-Chairperson of the Commission or, in the absence
or inability of both, the Acting Chairperson of the Commission.
b. The Commission shall have the power to determine the procedures for
its meetings, including the manner in which decisions shall be taken.
c. The Commission shall cause a record to be kept of its proceedings.
d. The quorum for the first meeting of the Commission shall be two persons
less than the total number of the members of the Commission. Thereafter
the Commission shall determine the quorum for any of its further meetings.
Article VI
GENERAL POLICY
Section 20.
The TRC shall enjoy full independence in pursuit of the scope of its
mandate and in the exercise of its duties, functions and powers, granted
by this Act, free of undue influence and political manipulations from
any source, governmental or otherwise. Its work and functions shall
be regarded as a matter of national priority. All matters of the TRC
appearing before the Supreme Court of Liberia shall be advanced for
hearing and determination to the top of the Supreme Court’s docket
at all times as a matter of first priority, without the slightest delay.
Section 21.
The full authority and capacity and the resources of the Government
of Liberia shall and is hereby placed at the disposal of the TRC in
furtherance of its independence and to fulfill its mandate expeditiously
and free of constraint.
Section 22.
Members of the TRC, its agents, employees and staff, shall be independent
and function without political or other biases, prejudice or other motives,
free from any party, factional, governmental or other interests, directly
or indirectly, and shall be immune from civil or criminal sanctions
by virtue of statements made and actions taken in rightful pursuit of
their work for or with the TRC.
Section 23.
If at anytime during the course of the work of the TRC it appears that
a commissioner has or may have financial or other interests which may
cause or give rise to a conflict of interest in the performance of his
or her functions on the TRC, a full disclosure of said interest shall
be made by such commissioner, on the record, and he/she shall recuse
him/herself from further participation in that particular matter. Failure
to disclose or recuse shall be grounds for removal.
Section 24.
The TRC shall consider and be sensitive to issues of human rights violations,
gender and gender-based violence thus ensuring that no one with a known
record of such violations are employed by the TRC and that gender mainstreaming
characterizes its work, operations and functions, thus ensuring that
women are fully represented and staffed at all levels of the TRC and
that special mechanisms are employed to handle women and children victims
and perpetrators, not only to protect their dignity and safety but also
to avoid retraumatization.
Section 25.
Owing to their fiduciary relationship and duty to the TRC, no member
of the TRC or its employees or agents, shall divulge confidential or
other information obtained by virtue of their affiliation or work with
the TRC, or use said information for profits or gains other than for
reasons related to the duty and functions of the TRC. The TRC, all its
employees or agents shall be sworn to or execute sworn statements to
hold all matters coming to their knowledge and relating to the work
of the TRC as “confidential”, the breach of which shall constitute
a second-degree felony, punishable under Liberian laws.
Article VII
FUNCTIONS AND POWERS
Section 26.
The TRC shall enjoy and exercise such functions and powers as are relevant
for the realization of its mandates. Its functions and powers shall
include, but not be limited to:
a. Facilitating,
and where necessary, initiating or coordinating enquiries into, and
investigating;
i. Gross violations and abuses
of human rights, privileges, powers and authority in Liberia, including
violations, which were part of a systematic pattern of abuse;
ii. The nature,
causes and extent of gross violations and abuses of human rights, including
the root causes, circumstances, factors, context, motives and perspectives
which led to such violations;
b. Identifying
where possible persons, authorities, institutions and organizations
involved in the violations;
c. Determining
whether such violations were the result of deliberate planning on the
part of the state, authority, or political organization, movement or
group of individuals; and
d. Ensuring
accountability, political or otherwise, for any such violation.
e. Gathering
information and receiving evidence from any person or persons, including
persons claiming to be victims of such violations or the representatives
of such victims, individuals, groups of individuals, perpetrators, witnesses
and institutions through the taking of statements and through evidence
gathered through the conduct of both public and confidential hearings
upon request of witnesses, informants, petitioners, either as victims
or perpetrators, subject to the exclusive discretion and authority of
the TRC;
f. Helping
restore the human dignity of victims and promote reconciliation by providing
an opportunity for victims, witnesses, and others to give an account
of the violations and abuses suffered and for perpetrators to relate
their experiences, in an environment conducive to constructive dialogue
between victims and perpetrators, giving special attention to the issues
of sexual and gender-based violence, and particularly to the experiences
of children and women during armed conflicts in Liberia;
g. Recommending
amnesty under terms and conditions established by the TRC upon application
of individual persons making full disclosures of their wrongs and thereby
expressing remorse for their acts and/or omissions, whether as an accomplice
or a perpetrator, provided that amnesty or exoneration shall not apply
to violations of international humanitarian law and crimes against humanity
in conformity with international laws and standards;
h. Preparing
a comprehensive report which sets out its activities and findings based
on factual and objective information and evidence collected or received
by it or placed at is disposal; and
i. Creating
an independent, accurate and objective record of the past and make recommendations
reflective of the truth to re-unify and reconcile contending groups
and/or the peoples of Liberia;
j. Making recommendations
to the Head of State with regard to:
i. Reparations and rehabilitation
of victims and perpetrators in need of specialized psychosocial and
other rehabilitative services;
ii. Legal, institutional and other reforms;
iii. The need for continuing investigations and inquiries into particular
matters, at the discretion of the TRC; and
iv. The need to hold prosecutions in particular cases as the TRC deems
appropriate;
k. Taking action,
doing any and all acts, including, but not limited to, instituting the
necessary enquiries referred to in this act, gathering the information
and receiving the evidence referred to above, making findings and determinations
on all matters brought before it, in furtherance of its mandates, the
object of this Act, recording allegations and complaints of gross violations
of human rights and abuses as is required by its mandate; and
l. Subject
to other provisions of this Act, the TRC shall adopt its own rules,
code of conduct and operating guidelines and procedures, schedules,
work plans and other policies necessary for the accomplishment of its
mandate including the conduct of research and investigations, holding
of public and confidential hearings, making final determination of matters
before it, recommending amnesty, making recommendations and publishing
its report;
m. At the discretion
of the TRC, any person, group of persons or organizations or institutions
shall be permitted to provide information as informants, witnesses,
perpetrators or victims to the TRC on a confidential or nonconfidential
basis and the TRC shall not be compelled by any authority to disclose
any such information given to it in confidence.
n. The TRC
shall take into account the security and other interests of victims
and witnesses when appearing for hearing, design witness protection
mechanisms on a case-by-case basis as well as special programs for children
and women both as perpetrators and victims under burdens of trauma,
stigmatization, neglect, shame, ostracization, threats, etc. and others
in difficult circumstances who may wish to recount their stories either
in privacy or public, subject to the discretion of the TRC.
o. The TRC
shall employ specialists in children's and women’s rights and shall
ensure that special measures or mechanisms are employed that will enable
women and children to provide testimony to the TRC, while at the same
time protecting their safety and not endangering or delaying their social
reintegration or psychological recovery.
p. Hearings
of the Commission:
i. The hearings of the Commission
shall be open to the public, provided the Commission, in any proceedings
before it, is satisfied that:
(a) It would
be in the interests of justice; or
(b) That there would not be a likelihood that harm may ensue to any
person as a result of proceedings being open. The Commission may direct
that proceedings be held in camera and that the public or any
particular individual or individuals shall not be present at proceedings
or any part thereof if the security of perpetrators, victims or witnesses
is deemed to be threatened—provided that the Commission shall permit
any victim who has an interest in the proceedings concerned to be present.
ii. An application
for proceedings to be held in camera may be brought by victims,
perpetrators or witnesses and such application shall be considered and
passed upon as the Commission deems fit.
iii. Where the Commission under
this subsection, on any grounds referred to in that subsection, directs
that the public or any part thereof shall not be present at any proceedings
or part thereof, the Commission may direct that:
(a) No information
relating to the proceedings or any part thereof held in camera
shall be made public in any manner;
(b) No person may in any manner make public any information, which may
reveal the identity of any witnesses in the proceedings;
(c) Give such directions in respect of the record of proceedings as
may be necessary to protect the identity of any witness;
Provided that
the Commission may authorize the publication of such information as
it considers would be just and equitable.
q. The Commission
may, where it deems it necessary, seek assistance from
traditional and religious leaders to facilitate its public sessions
and in resolving local conflicts arising from past violations or abuses
or in support of healing and reconciliation.
r. When dealing
with victims, the Commission shall be guided by the following principles:
i. Victims
shall be treated with compassion and respect for their dignity; they
shall be treated equally, without regard to race, ethnicity, religion,
language, sex or nationality; and procedures dealing with victims shall
be expeditious and fair;
ii. Appropriate measures shall be taken to minimize inconvenience to
victims and, when necessary, to protect their privacy, to ensure their
safety and that of their families or witnesses testifying on their behalf;
and,
iii. The TRC shall take sufficient measures to allow victims to communicate
in the language of their choice.
Article VIII
OTHER POWERS
Section 27.
The TRC shall exercise powers generally in any matter, manner and form
and for any purpose related to the fulfillment of the objects expressed
in this Act, and without limiting the generality thereof, it shall have
powers to:
a. Gather,
by means it deems appropriate, any information it considers relevant,
including the ability to request reports, assistance of foreign governments,
nonresident Liberians, records, documents or any information from any
source, including governmental authorities, and to compel the production
of such information as and when necessary;
b. Recommend
at least three lawyers from which the Head of State shall, with the
advice and consent of the National Legislature, appoint and commission
a Special Magistrate ranking as a Circuit Judge.
The Special Magistrate shall:
i. Have a minimum
staff and shall issue or cause to be issued a warrant of search and
seizure, warrant of arrest for contempt, subpoenas, and citations to
procure information and testimonies in furtherance of the work of the
TRC to visit any establishment or place without giving prior notice,
and to enter upon any land or premises for any purpose which is material
to the fulfillment of the TRC’s mandate and, in particular, for the
purpose of obtaining testimonies which may be vital to the work of the
TRC.
ii. Shall Conduct hearings for contempt of the Special Magistrate, whilst
contempt of the TRC itself shall be held before the Supreme Court of
Liberia in manner and form as contempt of the Supreme Court is conducted,
provided that appeals from the decisions and actions of the TRC do not
operate as a stay of any proceedings of the TRC.
c. Investigate
and interview any individual, group or members of organizations or institutions
in public or private at the TRC’s discretion, including children,
in furtherance of its mandate; administer oaths during investigation
for the taking and making of statements the falsity of which is punishable
for perjury;
d. Compel attendance
of any person before the TRC or any of its staff for the purpose of
assisting the TRC in the conduct of its work and may publish a warrant,
subpoena, or citation after diligent efforts have been exhausted to
no avail in making a personal service; reasonable financial allowances,
at the discretion of the TRC, shall be made to facilitate the attendance
of victims, perpetrators, witnesses, petitioners, informants or other
persons needed by the TRC in pursuit of its work; to call upon any person
to meet with the Commission or its staff, or to attend a session or
hearing of the TRC;
e. Request
information from the relevant authorities of foreign countries and to
gather information from victims, witnesses, government officials and
others in foreign countries.
Section 28.
Any person who willfully obstructs or otherwise interferes with the
work of the TRC or any of its members or officers in the discharge of
their functions under this Act, commits an offense and shall be liable
upon conviction to a fine not less than US$300.00 and not more than
US$500.00 or its Liberian dollar equivalent for the first offense, a
term of imprisonment not less than six months or both fine and imprisonment
depending on the gravity of the offense.
Section 29.
Upon proper inquiry and investigation, the TRC may at any time prior
to the end of its tenure ad interim, declare missing persons and others
who were victims of mass murders and massacres “dead” and recommend
to the appropriate government agency for issuance of certificates in
testimony thereof as a form of immediate relief, consolation and reparation
to survivals and relatives of victims.
Section 30.
The TRC shall grant immunity to all persons or groups of persons, organizations
or institutions from prosecution or tort actions on account of statements
made or evidence given before the TRC in advancement of the public interest
objective inherent in the functions and objects of the TRC and pursuant
to the successful execution of its mandate, and which therefore, shall
not be used in any court of law against the person making the statement.
Section 31.
Any person who has been subpoenaed or called upon to appear before the
Commission may appoint a legal representative. The Commission may, in
order to expedite proceedings, place reasonable limitations with regard
to the time allowed for cross-examination of witnesses or any address
to the Commission.
Article IX
ADMINISTRATION
Section 32.
The TRC shall exercise executive authority and be responsible for the
overall supervision and implementation of the TRC’s mandate and execution
of its functions.
Section 33.
A National Secretariat shall be established to render technical, professional,
administrative and clerical assistance to the TRC; it shall comprise
such sections or units and staff of diverse professional backgrounds
relevant to the work of the TRC in the areas of finance, investigation,
law, women, children and vulnerable groups, psychosocial and trauma
counseling, amnesty, reparation, statement taking and in as many other
disciplines as the TRC may deem desirable.
Section 34.
The National Secretariat shall be headed by an Executive Secretary who
shall serve the TRC as Secretary and be responsible for the daily administrative
and operational functioning of the TRC; the TRC shall ensure and accord
due consideration and preference to the appointment of a competent woman
as Executive Secretary and constitute as many ad hoc committees as the
TRC will deem fit and relevant to its work.
Section 35.
The TRC may establish such offices and employ such staff, including
foreign staff, on such terms and conditions, as it may deem necessary
and appropriate for the conduct of its mandate under this Act, and in
pursuant of which it may request secondment of public officials to assist
in the professional and expeditious execution of its mandate.
Section 36.
The work of the TRC shall be financed from sources, including, but not
limited to, the government of Liberia, individual Liberians and non-Liberians,
foreign governments, international financial institutions and specialized
agencies of the United Nations Organization and International Nongovernmental
Organizations, either as direct technical assistance, grants, donations
and/or loans.
Section 37.
The TRC shall adopt a system of sound financial management policies
in conformity with internationally accepted principles and accounting
practices, to ensure prudent and efficient management of funds; be transparent,
maintain books of accounts, open such books to inspections by donors
and partners, conduct periodic audits and publish quarterly financial
statements in at least two regular dailies in Liberia.
Section 38.
The TRC shall create a trust fund for the benefit of victims and survivors
of the crises; appoint trustees and determine beneficiaries as part
of the outcome of the proceedings, findings and recommendations of the
TRC at the end of its tenure.
Section 39.
Independence of the Commission
a. The Commission,
its commissioners and every member of its staff shall function without
political or other bias or interference and shall, unless this act expressly
otherwise provides, be independent and separate from any party, government,
administration, or any other functionary or body by directly or indirectly
representing the interests of such entity.
b. If at any
stage during the course of the proceedings or any meeting of the Commission
it appears that a commissioner has or may have a financial or personal
interest which may cause a conflict of interest, in the performance
of his or her functions, such commissioner shall forthwith disclose
the nature of his or her interest and absent him or herself from that
meeting so as to enable the remaining commissioners to decide whether
such commissioner should be precluded from participating in the meeting
by reason of that interest;
c. If a commissioner
fails to disclose any conflict of interest as contemplated by this section,
then as soon as such nondisclosure is discovered, it should be reviewed
and where decisions have been taken which are affected or tainted by
such nondisclosure, the decisions should be varied or set aside without
the participation of the commissioner concerned.
d. Every Commission
member shall:
i. Notwithstanding any personal
opinion, preference or former party affiliation, serve impartially and
independently and perform his or her duties in good faith and without
fear, favour, bias or prejudice;
ii. Serve in a full-time capacity to the exclusion of any other duty
or obligation arising out of any other employment or occupation or the
holding of any other office; provided that the Commission may exempt
a commissioner from the provisions of this paragraph;
iii. No commissioner shall:
(a) By his
or her membership of the Commission, association, statement, conduct
or in any other manner or way jeopardise his or her independence or
in any other manner harm the credibility, impartiality or integrity
of the Commission;
(b) Make private use of or profit from any confidential information
gained as a result of his or her membership in the Commission;
(c) Divulge any such information to any other person except in the course
of the performance of his or her functions as such a commissioner.
Section 40.
Subject to the provisions of this act, the Commission shall with due
regard to the purposes of this Act and the objectives and functions
of the Commission, decide to what extent, if at all, the identity of
any person who made a statement to the Commission or gave evidence at
a hearing, any other inquiry or investigation carried out under the
auspices of this Act may be disclosed in any report of the Commission.
Section 41.
Confidentiality
a. Every commissioner
and every member of the staff of the Commission shall, with regard to
any matter dealt with by him or her, or information which comes to his
or her knowledge in the exercise, performance or carrying out of his
or her powers, functions or duties as such a commissioner or member,
preserve and assist in the preservation of those matters which are confidential
in terms of the provision of this Act or which have been declared confidential
by the Commission.
b. Every commissioner
and every member of the staff of the Commission shall upon taking office,
take an oath or make an affirmation in the form specified by the Commission;
c. For the
purposes of this section the oath or affirmation shall be in the following
form:
“I, .…, hereby declare under oath/solemnly affirm that I understand
and shall honour the obligations of confidentiality imposed upon me
by any provision of the TRC ACT and shall not act in contravention thereof”.
Section 42.
The Commission may, in order to carry out the objectives of its mandate,
frame necessary rules and procedures consistent with this Act. While
doing so, the Commission may consult other entities of the state.
Article X
REPORTING AND RECOMMENDATIONS
Section 43.
The TRC shall submit a final report containing recommendations at the
end of its tenure to the National Legislature and have key findings
of the report published simultaneous with its presentation in at least
three local dailies in pursuit of transparency and public interest objectives.
Section 44.
The Report shall be detailed on all aspects of the TRC’s work, investigations,
hearings, findings and recommendations for prosecution.
Section 45.
The TRC shall further recommend for amnesty persons who qualify under
terms and conditions referred to in Section 26(g), and for reparations
for victims, specific actions of government to be taken in furtherance
of its findings, the enactment of specific legislations and legal and
governmental reform measures to address specific concerns identified
by the TRC and affecting relevant governmental authorities or functionaries.
Section 46.
The Independent National Human Rights Commission shall be seized with
the responsibility to ensure that all the recommendations contained
in the Report of the TRC are implemented and that civil society organizations
and moral guarantors of the CPA shall have the responsibility to monitor,
and campaign for the scrupulous implementation of all recommendations
contained in the report.
Section 47.
The archives of the TRC shall remain in the public domain except those
records or documents classified by the TRC as “confidential” which
shall remain classified for 20 years following the retirement of the
TRC. This restriction extends to commissioners, staff and persons privy
to such confidential and closed information by virtue of employment,
assignment or their involvement with the TRC or otherwise.
Section 48.
The Head of State shall report to the National Legislature within three
months of receipt of the report of the TRC, and on a quarterly basis
thereafter, as to the implementation of the Commission’s recommendations.
All recommendations shall be implemented. Where the implementation of
any recommendation has not been complied with, the Legislature shall
require the Head of State to show cause for such non-compliance.
ANY LAW TO THE CONTRARY NOTWITHSTANDING
