Archive for April, 2012

Vice President Joseph N. Boakai LAMA’s Visit: Facts and Rationale

By. L. Wellington VanPelt

(A rebuttal to Mr. Tewroh-Wehtoe Sungbeh’s March 31, 2012 Article)

I shall begin with what both Mr. Tewroh-Wehtoe Sungbeh and I may likely agree on. (1) Our community needs a Community and Cultural Center. (2) Facts should never be optional. (3) For the media to be respected, it must respect its readers and the community it purports to be serving.

By all accounts, the Vice President’s Atlanta Visit was an enormous success! It was also important to the Liberian Diaspora, “Liberia’s 16th County.” In fact, I was so pleased with the level of success that early morning, April 1, I separately emailed both Mr. Leo Mulbah, LAMA’s President and Mr. Amos Smith, Program and Planning Chair (cc: Ms. Maima Gibson and Ms. Imani Bendu), expressing my profound gratitude for such an exceptional job: “feat done in less than two months of planning without the requisite resources or a paid staff and with the temerity to challenge Liberians to pay $50.00 or more for an event in any economy. And, Liberians SHOWED UP!”

Now, here are the facts:

FACT ONE: Vice President Joseph N. Boakai’s trip did “killed several birds with one stone.” His original trip was a scheduled appointment with Rev. Franklin Graham of the Samaritan’s Purse (Charlotte, NC). Samaritan’s Purse is involved in some needed and important work in Liberia.

FACT TWO: LAMA initially scheduled its inauguration for March 24, 2012 but changed to March 31 to benefit from the Vice President’s North Carolina trip.

FACT THREE: To achieve maximum outcome, the Vice President’s office called Hon. Cynthia Nash, Honorary Consul General after she returned from the inauguration of President Sirleaf and Vice President Boakai in Liberia, and informed Hon. Nash of the VEEP’s pending visit to Atlanta. They asked her to facilitate some meetings while he was in Atlanta. Hon. Nash quickly seized the opportunity and brilliantly orchestrated several appointments; including meetings with Coca Cola, Carter Center, MLK Center, Clark Atlanta University, Former Gov. Sonny Purdue and a highly successful “Liberia and USA Business Summit 2012”, among many. Typically, such events require six months of planning at a minimum.

Thus, Mr. Sungbeh’s assertions that “the political leadership structure in Liberia to agree to travel abroad just to install …” is not supported by facts. His lack of engagement (as a Liberian in Atlanta and former president of LAMA) is demonstrated in his absence from the LAMA Palava Hut Meeting, an excellent platform to have asked questions or expressed concerns, and his “journalistic ineptitude” in not interviewing any of the key players: VP Boakai, Hon. Nash, Pres. Mulbah or Chairman Reeves. Instead, he self-servingly sits in his “golden office with his magical pen (laptop)”— not seeking the view of any Liberian who attended.

He would have been very proud that so many Liberians and friends of Liberia came out on a Thursday night, and were engaged in a frank and uncensored “conversation” with government officials on topics such as, dual citizenship, land reform laws, youth employment, incentives for Liberians wanting to return home, and other issue pertinent to Liberia’s future. Was he afraid he would have been accosted with many compliments as I received, unsolicited throughout the weekend from Mrs. Wulah, Mrs. Nebo, Mr. Bull, Mr. Marshall, et al?

The Liberian Diaspora, rightfully dubbed the “Liberia’s 16th County” should be a place that all government officials take very seriously. Can you imagine the Prime Minister of India going to South Africa without visiting Durban? Or a Haitian President coming to the United States and not visiting New York City or Miami? While Atlanta does not have the largest Liberian population in the US, its juxtaposition to Charlotte, the promising relationship with the Port of Savannah (Georgia), as headquarters for Delta Airlines and Coca Cola Company (major economic contributors to Liberia’s growth), made the Vice President and his entourage’s visit more than an intellectual or political exercise. It was a prudent, rational, and appropriate visit!

Even if the Vice President (or Sirleaf’s Administration) had been trying to pay back political debt as Mr. Sungbeh infers, because some of LAMA’s leaders are also leaders in Unity Party (Georgia), it would not had been an aberration. PAY BACK is “political capital” in emerging and thriving democracies. Look at appointments to commissions, ambassadorships, boards or the infamous: “you are doing a heck of job, Brownie” during the Katrina fiasco, Halliburton as a major beneficiary of the Iraq War, to name a few. The catastrophe would be if the administration only supports its party’s programs in the US. That would be a sad commentary!

The Press (at home or abroad) of which Mr. Sungbeh is supposed to be a part of remains our Fourth Branch of government. Though, unelected or un-appointed, it has implied authority and the need to be responsible and transparent. It must be vigilant in protecting, representing and speaking out for all Liberians, especially those who cannot speak for themselves as the kids in Clarkston.

Is the plight of Liberian refugees in Clarkston (Georgia) not worthy of Mr. Sungbeh’s concerns? Are the unintended consequences, combined with the protracted effects of our civil war, which dominate these young people’s lives important? Through no fault of their own making, young Liberians, age 15 – 27 years old cannot read or write beyond their names; adults can not read their prescriptions without the aid of someone else; older children in lower classes can not perform even at that level yet they are constantly being teased because of their accent; young people who were taken from war zones and placed in a structured environment now are involved with the juvenile judicial system more than they care to; some who are involved with drugs are being deported back to Liberia.

Yet, Mr. Sungbeh, a former LAMA President, does not see the rationale for a Liberian Community and Cultural Center where some of these young people could be tutored, mentored and assisted to transition into their new environment. Additionally, the goal is to use the facilities to house a number of social programs that LAMA will be implementing over the coming years. Our failure to successfully integrate them into this society will only lead to more deportations back to Liberia. They might not deal drugs in the US in the future, after serving their term, but they might deal drugs back in Liberia.

Finally, I again agree with Mr. Sungbeh; “most Liberian communities in the US wish they were as fortunate as LAMA.” Yes, LAMA is fortunate to have corps of young, vibrant and progressive leadership led by Pres. Mulbah, for whom the fact that no LAMA leader, including Mr. Sungbeh, (president 1989) has been able to achieve, has reached a Rubicon that says we need to provide better options for these young people and our greater community.

Rev. Dr. Martin Luther King, Jr., Mr. Bill Gates, Mr. Martin Cooper, Pres. Barrack Obama, and Pres. Ellen Johnson-Sirleaf, of the Civil Rights Movement, Microsoft, Father of the Cell Phone Technology (Motorola), First Black American Elected US President, and First Female Elected African Head of State, respectively, all accomplished feats because of their conviction, capacity to solve problems, desire to make a difference, etc. instead of being mired into their “elusive history” of “never-been-done-before”.

L. Wellington VanPelt, former Liberian Community leader in Detroit, MI; Houston TX;, Raleigh, NC and National Chair, Ricks Institute Alumni Association, USA

The Wish Center will file a lawsuit to replace Major General S.A. Abdurrahman with A natural-born Liberian

By Edmond Gray

The succession of a Nigerian General, Yusuf by his countryman, Major General Suraj Alao Abdurrahman in June 2007, as Commander of the Armed Forces of Liberia, is not only damning and denigrating for one of Africa’s oldest nations, it defies all international legal wisdoms.

Under Article VII of the Accra Comprehensive Peace Agreement (CPA), the Armed Forces of Liberia along with other security agencies were to be restructured under a new command. The call to restructure Liberia’s security apparatus came from concerns held by a group of Liberian politicians, including Madam Sirleaf on the “brutal role” of security units under previous Liberian governments. This thirst to institutionalize Liberia’s security units was to ensure that, never again in the history of Liberia, would any government or politicians use the security to protect their political interests.

In all fairness, the rebuilding of new security machinery for Liberia not only restored its lost dignity, but that process completely removed the pariah status which it inherited from prolonged years of civil unrest. Nonetheless, how worthy is the sovereignty of a nation whose security apparatus is headed by a foreign national?

There remains to be seen, how Nigeria would allow Ghana or Liberia to head its security apparatus, when it was prosecuting a bloody Biafaran War; or neighboring Sierra Leone or the Ivory Coast subjecting its sovereign pride to a regional counterpart, from political differences?

The intentions of rebuilding a new Liberia, including its security sector may have been well intentioned. But the subjugation of its security responsibilities to foreign nationals puts the process aloof.

Would an Amos Sawyer or a Boima Fahnbulleh allow a UN-sanctioned foreigner to head Liberia because both men vigorously prosecuted a progressive struggle against the Samuel Doe regime? Should Madam Sirleaf be excluded from the presidency of Liberia because she admittedly, contributed ten thousand dollars to a rebellious process which dissipated Liberia?

It can be said that, yes, prior to the takeover of Liberia by a military junta on April 12, 1980, the security sector served in détente, or an ease of relationship with its political masters, one that resulted into a trust-deficit. This strange relationship largely sanctioned a very popular indigenous struggle. Some contended that, “the Liberian security sector was used as instrument of coercion by politicians,” and not the reverse.

Would a discharged weapon, which resulted in the death of someone be blamed instead of its user? Should the courts find a vehicle used in a felony drive by, guilty, and not the operator? Bluntly put, the security apparatus exists at the will and caprices of the state. In fact, where praises belong, the Sirleaf administrations, previous and now have done well to institutionalize Liberia’s public sector to include the security. On the contrary, the condoning of Nigerians and other nationals to head the Armed Forces of Liberia in particular, indignantly risks the territorial integrity of the once proud lone star nation, Liberia.

The basis for this unlawfully ignoble arrangement, which lends authority to a Nigerian national to preside over the Armed Forces of Liberia, arguably, came from the “Comprehensive Peace Agreement of Accra,” signed by MODEL, LURD, and the then willy-nilly government of Mr. Taylor.

Part IV, Article VII (A&B) of the CPA mandated the disbandment of irregular forces (MODEL and LURD), restructuring of a citizenry binding Armed Forces, one which is proportionally represented with a new command. While this provision vaguely mandated a Nigerian, Ghanaian, or other foreign national to serve in advisory capacities, the intention was to mostly oversee the transitioning of the AFL and other security units. But the CPA did not grant the subordination of the AFL to the Republic of Nigeria, or any other ECOWAS member country.

Moreover, Urias Pour of the Liberian Policy Research Group argued that “key stakeholders of the Liberian civic society, including the Legislature, were excluded from the dialogue and vetting aspects of the security sector reforming process.” Pour further claimed that efforts to reform the AFL and the Liberian National police, without the full participation of the Liberian people are fundamentally flawed, if they are to serve as pillars of a very weak democracy.

To say the least, the reform process has not only moved at a sluggish pace, it continues to condone the unconstitutional heading of the AFL by Nigerian and Ghanaian nationals. Under the two-term presidency of Madam Sirleaf, the Armed Forces of Liberia continue to struggle with a number of transformational issues, key among, is size.

The current strength of the AFL for a nation of almost four million people is ridiculously less than 2,500. In addition, reports have pointed to the unattractively low wage to security personnel, as the hallmark for a weaker security apparatus. Some of these reports argued that the prevalence of corruption within the security sector is largely due to a very unattractive severance package. But the argument can also be made that a third of the lofty benefits given to nationals from foreign nations, could be given to Liberians with equal or better leadership skill set.

It can be said, that there is abundance of qualified Liberians with post graduate education, including PhD, and extensive military and, or security knowledge from the United States Armed Forces and others, who can ably preside over the Armed Forces of Liberia, and other Liberian security entities. Undoubtedly, some may believe that the presence of a Nigerian General as head of the AFL is in itself a way of playing it safe.

Yet, others may argue that, in the event of an insurgency, or civil strife, the Federal Republic of Nigeria will commit Nigerian troops to quell down any such rebellion. While such ambition may be considered worthy under international law, there is something called, pacta sunt servanda—this is a Latin phrase, which means that promises or agreements must be kept. It is a private contract which in tandem implies that non-fulfillment of respective obligations is a breach of an international pact.

But history shows that these types of private pacts are nominally unfulfilled. The fact remains that under such agreements, both parties have to constitutionally evaluate the financial and human costs of committing troops to foreign crises.

Under a totalitarian administration, Nigeria may have little or no struggle in meddling in a foreign strife. However, it may not be that easy under the current democratic atmosphere, where containing its own Islamic insurgency posed by Boko Haram continues to present Nigeria’s security apparatus as a feeble entity.

On the part of Liberia, this pact has never been ratified or approved by our Legislative branch. And because of that, Madam Sirleaf is in violation of the Liberian Constitution, which clearly grants her the responsibility to head the Armed Forces of Liberia, under Article 86; to a Liberian citizen, who is to be commissioned by the Liberian National Legislature.

Besides, under the same international protocol, there is a subsequent law, which excuses parties to such pacts from execution. Under Clausula Rebus Sic Stantibus—things thus standing: is such that whenever there is a fundamental change of circumstance, which was not anticipated by the parties other than what otherwise existed, may not be enforceable.

And unless the change is objectively essential to the obligations of the agreement; and the instance wherein the change of circumstances has had a radical effect on the obligations of the treaty, it is unenforceable.

For instance, under President Tolbert, a similar pact was signed between his government and the late President Sekou Toure’s. What happened in 1980 at the behest of a military junta takeover? Guinea could not fulfilled its side of similar agreement, because of the occurrence of a Liberian coup d’état, which was not factored into the Tolbert-Toure’s Pact. Dejavu!

Are we implying that within one of the oldest nations, there is no capable Liberian other than a Nigerian to head the AFL? Where in twenty-first century Africa is this possible other than Liberia?

Sometimes, I wonder whether there exists any civil legal body in Liberia to take on such unconstitutionally irrational decisions. Such a move will protect Liberia’s brittle democracy.

Nonetheless, a few weeks from now, a group of Liberians lead by The Wish Center, a human rights organization, will sponsor a law suit in our Liberian courts, with the hope of replacing Major General Suraj Alao Abdurrahman with a natural born Liberian. Stay tuned!

Edmond Gray is a Liberian national residing in Minnesota, and can be reached at [email protected].

Sources:

http://www.ssrnetwork.net/ssrbulletin/liberia.php

http://www.usip.org/files/file/resources/collections/peace_agreements/liberia_08182003.pdf