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In view of this, the TRC process should and must be suspended pending a
constitutional referendum that will settle the problem of Article 97.
Failing to do this will take Liberia down the path of disrespect for the
rule of law. No matter how bad the law is, as long as it is on the books
(especially the constitution) it must be respected to the letter till it is
quashed. The example of the denial
by the National Elections Commission (NEC) of Cllr. Marcus Jones and other
presidential candidates in the October 2005 elections still looms large in
the psyche of many Liberians. The electioneering process, along with the
country’s peace process, was nearly scuttled when the Supreme Court ruled in
the resulting lawsuit that Cllr. Jones and his fellow petitioners should be
included on the presidential ballot – after the National Elections
Commission (NEC) had already print hundreds of thousands of ballot papers.
It took hours, if not days of diplomatic maneuverings to get Cllr. Jones and
his fellow petitioners to withdraw their case. A similar situation could
result in the TRC’s work if the commission decides to summon somebody for
his role in the PRC debacle and the person, using Article 97 as a shield
refuses to appear. A suit to the Supreme Court of Liberia questioning the
constitutionality of the commission’s mandate as it relates PRC crimes may
just see the repeat of the situation between the NEC and Cllr. Jones. It is
noteworthy that it will be quite difficult for any properly thinking legal
practitioner sitting on the bench to rule against this constitutional
argument. Some may argue that the TRC
could simply decide to bypass the PRC era and continue its work with respect
to the other periods that its mandate extends to and come back to the PRC
situation when the needed reforms are instituted. Or the constitutional
huddle that Article 97 presents should simply just be ignored. While the
first suggestion may seem as the most prudent thing to do, it is inherently
flawed. The second should not even be considered, as it is dangerous to the
future well being of this country. It will only serve to further obliterate
the country’s march towards democracy and rule of law. Let us not repeat the
mistakes that characterized past Liberian regimes – principal among which
were the catastrophes of the Charles Taylor and Samuel Doe Governments. For the Samuel Doe
situation, the mishaps were basically due to fact that the upper most
echelons of his government was composed of illiterates and intellectual
misfits, paramount among which was himself at the very top. Then came the
intellectuals and so called progressive revolutionaries who could not agree
amongst themselves on the future course of the nation. And lastly there was
a class of political praise singers who decided to take advantage of the
intellectual bereft nature of the soldiers. These last two groups found
themselves on the immediate next tier of power. In their struggle to exert
influence over the intellectually bankrupt soldiers, the progressives were
soundly defeated. On the Taylor side,
the failure to seriously transform Liberia was a mixture of greed, a quest
for personal survival, and blatant disregard for the rule of law. Mr. Taylor
in his pursuit to stamp naked authority on the nation governed like a feudal
lord or king from the middle ages. One of his barefaced disregard for the
expressed principals of Article 97 of the Liberian Constitution was his
government’s introduction of laws at the legislature for the return of
properties and assets seized from people from the previous regimes by the
PRC. And it is sad to note that these laws were passed in the presence and
with the acquiescence of highly rated and respected legal luminaries. Regardless of how
bad or anti-democratic laws are, the good of no nation is served by a
gross disregard of their existence. Any such act only lends ammunition
to anti-freedom elements in their justification for the rights of
others. The situation is even worst if the bad law in question is a part
of the country’s constitution. It is best to change those laws then to
bury our heads in the sand while pretending that the problems that they
present will go away by themselves. When the Liberian
constitution went to referendum in 1984, the people of the country
overwhelmingly accepted it. There was hardly any opposition to the document,
despite this (Article 97) and several other clearly anti-democratic
provisions it contained. One can only surmise at the reason why the
political leaders at the time, did not call for its rejection on these
grounds. They probably believed that regardless of what the soldiers had
included in the sacred document, it was best to accept it and get them out
of power. And then perhaps later address those situations when one of them
ascended to power. If this was their gambit on the military they lost big
time and all Liberians have lived to regret it. In conclusion, it is worth
solving the core problems before trying to do those that are on the
periphery. Instead of the country’s meager resources being put into a
venture that may collapse under a single legal challenge, the TRC process
should be shelved for the time being pending the institution of much needed
constitutional reforms. This will help in adverting unnecessary challenges
to the process. As a closing statement, this paper is meant to engender a debate
regarding the Truth & Reconciliation process in Liberia and thus it should
not be construed as providing a defense for those that helped to destroy
this nation. About The Author |
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Although public corporations have been a part
of our national life, they remain basically unproductive and obscure in the
general policy approach toward national development, a status they no doubt
find convenient. While toiling in obscurity, they manage communication,
power generation, airport and seaport, petroleum, agriculture, housing and
insurance. Public Corporations remain an important partner in reconstituting
Liberia’s economy and in many ways the bedrock for economic stimulus. I am
confident that Six Sigma can play an important role of reducing variations
and defects in various processes and improve operational excellence at all
levels. Although public corporations have been a part of our national life, they remain basically unproductive and obscure in the general policy approach toward national development, a status they no doubt find convenient. While toiling in obscurity, they manage communication, power generation, airport and seaport, petroleum, agriculture, housing and insurance. Public Corporations remain an important partner in reconstituting Liberia’s economy and in many ways the bedrock for economic stimulus. I am confident that Six Sigma can play an important role of reducing variations and defects in various processes and improve operational excellence at all levels. Although public corporations have been a part of our national life, they remain basically unproductive and obscure in the general policy approach toward national development, a status they no doubt find convenient. While toiling in obscurity, they manage communication, power generation, airport and seaport, petroleum, agriculture, housing and insurance. Public Corporations remain an important partner in reconstituting Liberia’s economy and in many ways the bedrock for economic stimulus. I am confident that Six Sigma can play an important role of reducing variations and defects in various
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