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Amnesty International Report 2005 - Liberia

Covering events from January - December 2004

The peace process advanced slowly as political tensions and insecurity continued. The human rights situation progressively improved, but delays in deployment of UN peacekeeping forces, and in disarmament and demobilization, left civilians vulnerable to abuses by combatants. Despite the gravity of crimes committed during the armed conflict, including crimes against humanity and war crimes, impunity reigned. These crimes included widespread and systematic rape and other forms of sexual violence, and the recruitment and use of child soldiers. Lack of resources hampered post-conflict reconstruction, including rebuilding institutions for the protection of human rights, such as the national justice system. Refugees and internally displaced people slowly began to return to their homes.

Background

Implementation of the Comprehensive Peace Agreement of August 2003 was slow and fraught with difficulties. Commitment to the peace process was thrown into question by power struggles within the National Transitional Government of Liberia, which comprised representatives of the former government of Liberia and of the two armed opposition groups, Liberians United for Reconciliation and Democracy (LURD) and the Movement for Democracy in Liberia (MODEL), as well as by internal leadership disputes within the LURD. The government's mismanagement of public resources further deterred donor governments from fulfilling pledges made at the International Reconstruction Conference on Liberia held in February. Progress towards the country's recovery after protracted conflict – including the provision of food, water, sanitation, health care and education – was consequently frustrated. By December some 70 per cent of the promised US$520 million had been made available.

Disarmament and demobilization of combatants resumed in April, after being promptly abandoned in December 2003. Delays in the process, however, coupled with slow deployment of UN peacekeeping forces throughout the country, resulted in continuing insecurity. Abuses against the civilian population continued in territory still under the control of combatants.

Some 101,500 combatants – far higher numbers than anticipated – were disarmed and demobilized. They included over 22,000 women and 11,000 children. The three parties to the conflict were subsequently formally disbanded. The comparatively small quantity and poor quality of arms and ammunition surrendered, however, raised concerns that they were hidden or transferred to neighbouring Côte d'Ivoire, where the political and security situation remained fragile. The UN Mission in Liberia (UNMIL) and UN peacekeeping operations in Sierra Leone and Côte d'Ivoire sought to strengthen cooperation on cross-border movements of combatants, arms and ammunition, and in disarmament and demobilization, but with limited effectiveness.

Insufficient funds for rehabilitation and reintegration of unemployed and restive former combatants threatened to undermine the peace process. In late October underlying volatility erupted into serious rioting in the capital, Monrovia, which was exploited by former parties to the conflict and combatants, and ignited religious and ethnic tensions. The violence, which included rape, resulted in 19 deaths and more than 200 injured. Some 200 people were arrested.

In December legislation for electoral reform was passed, after considerable delay, by the National Transitional Legislative Assembly. This paved the way for presidential and legislative elections scheduled for October 2005.

Former President Charles Taylor, who had relinquished power in 2003, remained in Nigeria.

The Nigerian government had granted him asylum despite his indictment by the Special Court for Sierra Leone for crimes against humanity, war crimes and other serious violations of international law during Sierra Leone's armed conflict (see Nigeria and Sierra Leone entries).

In September, in a significant move towards the protection of human rights, the government signed or ratified 18 international treaties, including the Rome Statute of the International Criminal Court.

Continuing human rights abuses

Despite commitments in the peace agreement to respect international humanitarian and human rights law, combatants of all sides continued to commit human rights abuses against the civilian population. In areas where UNMIL forces had yet to deploy, civilians remained vulnerable to forced labour, harassment, intimidation, extortion and looting. These areas included south-eastern counties of Sinoe, Grand Kru, River Gee and Maryland, under control of MODEL forces, and large parts of Lofa, Grand Cape Mount, Gbarpolu and Bomi counties, controlled by LURD. While MODEL forces reportedly exploited timber resources, LURD controlled rubber plantations. Both former government and MODEL forces remained in Nimba County, preventing civilians from moving freely and extorting food and other possessions. It was, however, difficult to obtain corroborated information from more inaccessible areas. With progressive UNMIL deployment and disarmament and demobilization, the security and safety of civilians improved.

Crimes against humanity and war crimes during the conflict

Liberia's conflict had been characterized by crimes against humanity, war crimes and other serious violations of international law. Responding to these crimes, including rape and other forms of sexual violence and the recruitment and use of child soldiers, presented particular challenges.

Rape and other forms of sexual violence

In the conflict, rape and other forms of sexual violence against women and girls – by all sides but particularly forces of the former government – had been widespread and systematic. Thousands of women and girls were abducted by combatants, raped, and forced to become the sexual partners or "wives" of their abductors. Some 75 per cent of women and girls associated with fighting forces who presented for disarmament and demobilization reported that they had been sexually assaulted.

Severely deficient health facilities were unable to respond adequately to the serious physical and psychological consequences of sexual violence. Specific provisions for women and girls in the disarmament and demobilization process, including those affected by sexual violence, were compromised by lack of resources for rehabilitation and reintegration.

Although ended, the legacy of conflict exacerbated the risk of sexual violence. For example, the conditions for vast numbers remaining in camps for the internally displaced, and extreme poverty and loss of independence, increased vulnerability to sexual violence and exploitation.

Although women's participation at all levels of decision-making was necessary to ensure that protection of their rights was central to Liberia's recovery, there were only three women in the government and four in the legislative assembly.

Use of child soldiers

Considerably fewer children disarmed and demobilized than the 21,000 initially estimated, in part because failure of parties to the conflict to provide information prevented accurate predictions. Many children had returned spontaneously to their homes. Others were unaware of the disarmament and demobilization process, or resisted inclusion because they feared being stigmatized as former child soldiers. The majority of children were successfully reunited with their families but concerns remained that inadequate rehabilitation and reintegration left them vulnerable to re-recruitment.

Some children remained under the control of commanders and were exploited as labourers, for example on the Guthrie rubber plantation controlled by the LURD. Others were reportedly encouraged by former MODEL commanders, including by cash incentives, to go to Côte d'Ivoire. When a ceasefire between the Ivorian government and armed opposition forces was briefly violated in early November, both former LURD and MODEL commanders were reported to have re-recruited former combatants, including children, in eastern Liberia to fight in Côte d'Ivoire.

Ending impunity

Despite the gravity of crimes under international law during the conflict, it remained unclear if, how and when those responsible would be held criminally responsible and reparations made to victims. The government took no action to bring the perpetrators to justice. Nor was there a resolute commitment by the international community to end impunity in Liberia.

The peace agreement made provision for the government to consider a general amnesty for those involved in military activities during the conflict. Although the government did not overtly pursue this option, its position remained ambiguous. Chairman Gyude Bryant and other government members had previously expressed preference for such an amnesty.

Although the peace agreement provided for a Truth and Reconciliation Commission, AI stressed that this could not be a substitute for a court of law to try alleged perpetrators of serious violations of international law. With UNMIL's assistance, legislation to establish the Commission was drafted but had yet to be passed.

While UNMIL, other UN agencies and non-governmental organizations investigated and documented crimes committed during the conflict, there were concerns that lack of coordination of these initiatives and failure to collect information at an early stage might jeopardize future criminal proceedings.

Strengthening institutions to protect human rights

As a result of the conflict, the judicial and legal systems had been all but destroyed and considerable challenges remained in establishing the rule of law and respect for human rights. Rehabilitation of some courts progressed, and cases were set for trial, but limited resources resulted in protracted delays. Detainees were routinely held in police custody beyond the legal limit of 48 hours before being brought before a court and charged or released. Access to justice for both suspects and victims remained extremely limited.

UNMIL, together with national and international stakeholders, developed plans for training judges, magistrates and justices of the peace, as well as a review of the seriously deficient juvenile justice system. A number of illegally detained children were released pending hearing of their cases.

Lack of resources and debilitated infrastructure resulted in dire conditions in all places of detention, including severe overcrowding, poor hygiene, and inadequate food and medical care. In August, 27 detainees in police custody in Monrovia were admitted to hospital suffering from severe malnutrition, dehydration and skin diseases. International agencies subsequently provided food and other services. Efforts to provide separate cells for detained women, men and children were thwarted by resource constraints. Assaults on detainees by police and prison officials highlighted the need for effective screening of recruits, training in international human rights standards, and adequate disciplinary measures.

Draft legislation to establish the Independent National Commission on Human Rights, provided for by the peace agreement, came before the legislative assembly but had yet to be passed.

Refugees and internally displaced people

Gradual improvements to the security situation following the peace agreement resulted in the spontaneous return of large numbers of the 340,000 refugees who had fled to other countries in West Africa. In October the UN High Commissioner for Refugees (UNHCR) officially began a three-year programme of facilitated voluntary repatriation, but less than half the funding needed to ensure safe and dignified returns was received. UNHCR expected some 100,000 Liberian refugees to have returned by the end of 2004, most spontaneously.

In October the government declared that internally displaced people, estimated to number as many as 300,000, could return in safety to Grand Cape Mount, Bomi, Gbarpolu, Margibi, Bong and River Cess counties. The viability of return was, however, compromised by continuing security concerns and lack of basic infrastructure. Provision of basic necessities for internally displaced people was frequently inadequate.

Renewed insecurity and tension in Côte d'Ivoire in early November forced some 10,000 people, mostly women and children, to flee to Liberia, exacerbating an already difficult humanitarian situation. Almost half had returned by the end of the year.

UN Mission in Liberia

Deployment of UNMIL forces across the country progressed during the year. The full complement of 15,000 troops and 1,115 civilian police officers had almost been reached by December – making UNMIL the largest UN peacekeeping operation worldwide.

During the year, complaints were made that some UNMIL personnel sexually exploited women through prostitution and economically exploited children as domestic help.

The UNMIL Human Rights and Protection Section developed comprehensive plans to protect and promote human rights. Initiatives included monitoring and reporting, with particular attention to women, children and internally displaced people, and training for UNMIL personnel, both military and civilian, as well as the Liberian police. The Section assisted in drafting legislation for the establishment of the Truth and Reconciliation Commission and the Independent National Commission on Human Rights. Some of its efforts were frustrated, however, by lack of funds and delays in recruitment of its full complement of staff. By December, human rights officers were based in 11 of Liberia's 15 counties.

The UNMIL Senior Gender Adviser and Gender Unit aimed to ensure that the protection of women and girls was incorporated into all aspects of UNMIL's operation, including rehabilitation and reintegration opportunities for women associated with fighting forces. It also sought to strengthen the capacity of the Ministry of Gender and Development to develop a strategy across government ministries to address specifically the protection of the rights of women and girls. The Gender Unit's work was, however, also hindered by limited resources.

UN sanctions on arms, diamonds and timber

Although the government urged the lifting of economic sanctions, the UN Security Council maintained bans on the export of rough diamonds and timber, as well as all sales or supply of arms and related matériel to any recipient in Liberia other than UNMIL. The Panel of Experts established by the Security Council to monitor compliance with sanctions concluded in December that conditions for ending sanctions on diamonds and timber, including controls to ensure that revenues from diamond and logging sales benefited the Liberian people, had yet to be met. The Security Council stressed the links between illegal exploitation of diamonds and timber, illicit trade in these resources and proliferation and trafficking of arms which fuelled and exacerbated conflicts in West Africa, particularly Liberia.

AI country visits

AI delegates visited Liberia in July to carry out research and to meet members of the government and UNMIL personnel.