Statement by the Foundation for Human Rights and Democracy (FOHRD), Catholic Justice and Peace Commission (JPC), Liberia Democratic Institute (LDI)
On the Conduct of Members of the House of Representatives in Undermining Democracy
Delivered at a Live Press Conference on Wednesday, August 6, 2009 at 1030hrs in the Conference Room of the Liberia Democratic Institute, Randall Street, Monrovia, Liberia
Foundation for Human Rights and Democracy represented by J. Aloysius Toe, Executive Director Cell: 06 66 88 19
Catholic Justice and Peace Commission represented by Cllr. J. Augustine Toe, National Director: Cell: 077 71 39 97
Liberia Democratic Institute represented by Dan Tarpea Sayee, Executive Director: Cell: 06 51 43 48
Members of the Press, fellow Liberians!
The year A.D. 2009 punctuates exactly a century and half plus one score two years since our existence as a nation. For one hundred and sixty two (162) years, the desire and want of a vibrant democratic state, built upon the solid foundations of “equal but separate branches of government”, anchored on the principles of good governance, rule of law and respect for human rights, have been the heaviest of the trials and tribulations of the Liberian people. For one hundred and sixty two years, the need for honest, responsible, responsive and resourceful leaders with the decency of hearts and minds to do and act justly, show mercy and compassion for their people and walk humbly with their God, has been the cry of the Liberian people. But after much blood and sweat, after the loss of valuable lives and properties, we still seem to be in a faraway land with the possible realization of our desire appearing highly bleak.
This time we have come to speak not about the Executive Mansion or the Executive Branch of Government. We have come to speak not about the Supreme Court nor the Judiciary. This time, we have come to speak about our National Legislature. Particularly, we have come to speak about the House of Representatives. Specifically, we have come to draw attention to the actions of few influential individuals within the House of Representatives who continue to abuse and pervert their functions and use the House as a tool for personal ends. We speak today because our consciences lead us to do so. We speak today because we cannot and will not resign our consciences to few legislators who are poised to romanticize with the future of the country.
In essence, we have come to express our disappointment with the House of Representatives of the National Legislature of Liberia. That House, thought to be the critical custodian of the people’s hopes and aspirations consistent with the doctrine of representative democracy, is departing from its constitutionally assigned roles of law making and protecting national interests and is sadly and tragically drifting into what seems not to be far from corporate and profit adventurism. We are greatly disappointed because our great love and hope in the house is being betrayed.
Ladies and gentlemen of the press, our fellow citizens. We are deeply troubled and greatly disappointed that the House of Representatives will choose to review and hold committee hearings over professionally credited audit reports produced by the General Auditing Commission (GAC) and exonerate the accused persons of wrong doing. That the House of Representatives will reduce the House into courtroom and thereby play blind eye to other important national issues germane to the consolidation and strengthening of democracy is a deviation of their constitutional roles. How far is the Electoral Threshold Bill, is it not important? How’s about the Freedom of Information Act which has been lingering at the House for over two years now, is it not relevant? Where is the Referendum Bill which is germane to paving the way for the successful holding of free, fair and transparent elections, is it not a critical bill? When will the Public Broadcasting Act come into being, are you not interested? Where have you put the Code of Conduct Act necessary to mainstream integrity into governance, are you giving it cross-eye? While all of these important national issues are being deliberately and shamelessly ignored, slighted and given back kick, members of the House of Representatives are busy exonerating people who allegedly plundered and stole public resources, and at the same time the House is allocating more than US$2m in the name of constituency development fund without the appropriate guiding policy framework as to how this money will be used and monitored. Is it another way of goba chopism and goba swallowism?
To exonerate individuals and institutions is not the function of the House of Representatives as prescribed by the Constitution. The House of Representatives has no legal, moral or political right to exonerate NASCORP, Mr. Tugbeh Doe and Mr. George Haddad. The GAC, after months of forensic audit, and based on cogent facts found the institutions and individuals culpable and recommended measures. These recommendations are still awaiting action from President Sirleaf through the Justice of Ministry. For the House of Representatives to embark on loosely screwed and hastily organized hearings into these reports and go to the extent of exonerating these individuals and purging them of any wrongdoing is not only a poisonous bullet fired in the spinal chord of democratic accountability but also an attempt to sanction the theft of public resources (at best) and at worst, aid and abet crimes. For the House of Representatives to act as complainant, judges and jurors, like in the present case, and sacrifice the interest of the nation on the altar of self-interest and personal greed is a disservice to the nation. This is clearly usurping the functions of both the executive and the judicial branches of government and is a complete violation of Article 3 of the Liberian Constitution which states in part “that no one holding office in one branch of government shall exercise functions in the other”. This political manipulation by the House of Representatives is not only unacceptable but it’s already rejected. We hereby register our strongest condemnation of this political dishonesty.
We wonder why a group of expectedly and supposedly reasonable and decent men and women would often choose the low path and compromise national interest? Is it because of expediency or vanity? Is it because of fear or greed for personal pockets? On reflection of these questions we are consistently reminded about the plethora of allegations and accusations of bribery and extortion against members of the House of Representatives as the basic rationale and underlying reason for holding hearings into matters some of which do not actually concern them.
This never-ending trend of allegations of bribery against members of the Legislature is worrisome. Senator Prince Johnson of Nimba Country once claimed that money was changing hands during the confirmation hearing of appointed officials. Supporters of Representative Dusty Wolokollie claimed at the time that Representative Edwin Snowe bribed lawmakers to vote Snowe into office as Speaker. Mr. Harry Greaves of the LPRC accused lawmakers of requesting bribes from him but he later apologized supposedly under fear of facing legislative sanctions. Representative Dusty Wolokollie again accused his colleagues of demanding to “see potential investors indoor to get bribe” from them. Representative Edwin Snowe once accused his fellow lawmakers of receiving bribe” of US$5,000.00 each to influence his removal. The Public Agenda Newspaper accused members of the House of Representatives of receiving US$781,000.00 from the Executive to kill the TRC report and undermine its recommendations. Representative Fata Siryon of Bomi County accused the House of Representatives of using legislative hearing against Aminata Gas Station to extort money from the company. With all of these allegations brushed aside and slighted, how can anyone believe that laws passed and decisions made by the House of Representatives may not have been influenced by money even if it means that the laws and decisions run counter to the national interest. We have no doubt in our minds that any attempt on the part of the legislature to avoid these issues would have a negative impact on the gains made thus far in the peace-building process. Our legislators can choose to be national heroes or auction politicians – always awarding the highest bidder. Would this be the same fate for the TRC report? We wait to see.
May we sound a caveat that should the House of Representatives ever choose to pass a resolution on these waves of unlawful exonerations, we will seek the intervention of the Supreme Court to determine the unconstitutionality of their actions.
It is our understanding that the National Legislature is due to go on its annual break at the end of August 2009. Should this information be true and correct, we ask and appeal to the National Legislature, in the supreme interest of our State, to delay their annual break until October 2009 to afford the President of Liberia, Her Excellency, Ellen Johnson Sirleaf, to report to the National Legislature on the first quarterly implementation of the TRC recommendations as required by Article 10 Section 48 of the TRC Act.
Signed: ___________________________
J. Aloysius Toe/FOHRD
____________________________
Cllr. J. Augustine Toe/JPC
____________________________
Dan Tarpea Saryee/LDI