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A Minnesota Advocates for Human Rights Monitoring Trip |
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May 7-20, 2004 |
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Founded in 1983. |
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Dedicated to promoting and protecting internationally recognized human rights. |
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Has more than 600 active volunteers. |
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Enjoys Special Consultative Status with the United Nations. |
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Provides investigative fact-finding through innovative programming. |
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Has produced more than 50 reports documenting human rights practices in more than 30 countries. |
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Dianne Heins Pro Bono Counsel |
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Faegre & Benson
Muria Kruger Attorney |
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Heins, Mills & Olson, P.L.C. |
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Rosalyn Park Staff Attorney |
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Minnesota Advocates for Human Rights |
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Jennifer Prestholdt Deputy Director |
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Minnesota Advocates for Human Rights |
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Jeremy Prestholdt Professor of African History |
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Northeastern University |
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In 2002, at the end of more than ten years of violent armed conflict |
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The government and international community forced to design reintegration programs for 70,000 ex-combatants. |
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The average life span had dropped to 37 years (in 2003, it fell to 34 years – the shortest in the world). |
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Civil society was in tatters. |
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The population was suffering from enormous psychological trauma from the widespread and systematic violence. |
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It was a war: |
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waged out of frustration over corruption |
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fueled by looting and the sale of diamonds |
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driven by the forced recruitment of youth and children |
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perpetuated by the |
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international |
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community’s |
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indifference |
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Populated primarily by Temne and Mende peoples; Portuguese named it “Lion Mountain”. |
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Founded by African American refugees who were promised their freedom if they joined the British during the American Revolution. |
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Given passage and land by the British Sierra Leone Company, they settled in Freetown in 1787. |
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Krio, a language based on 18th century African American English, remains the lingua franca. |
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British and American abolitionists saw Freetown as embodying the possibilities of a post-slave trade Africa. |
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Freetown grew exponentially in the 19th century as Africans rescued by the British Anti-Slave Trade Squadron were resettled in the city. |
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But refugee settlers were largely disconnected from the people of rural Sierra Leone. |
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After independence from Britain in 1961, there were a series of coups and counter-coups. |
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1978 declaration of a one-party state with the All People’s Congress (APC) as the only legal political party. |
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The APC remained in power until early 1990s. |
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The APC was notorious for widespread corruption and clientelism, resulting in the inequitable distribution of contracts, government positions and much of the nation’s natural resources. |
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At the same time, underemployment and lack of access to education produced a massive urban and rural underclass. By 1991, unemployment rate was nearly 50%. |
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Provided the ideal situation for recruiting undereducated and frustrated youth in both urban and rural areas. |
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Began in 1980s when political radicals gained assistance from Libya and Liberia in planning violent overthrow of Sierra Leone government. |
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After Liberian civil war begins in 1989, Charles Taylor offers a base in Liberia. |
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SL dissidents and hundreds of recruits form the RUF under leadership of Foday Sankoh. |
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RUF initially promotes populist message of democracy, equity and free education. |
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RUF soon turns to fear tactics, including mass rape, murder, forced recruitment of children and amputations. |
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RUF brutalities |
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most extreme |
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under the |
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command of |
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Sam “Maskita” |
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Bockarie. |
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Led by various generals |
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and heads of state, |
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including current president |
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Ahmed Tejan Kabbah. |
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Ahmed Tejan Kabbah. |
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Soldiers often switch to rebel side, and switch back, prompting the term SOBEL (Soldier/Rebel) |
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Also implicated in looting and mass rape. |
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Local militias and hunting organizations (KAMAJORS) recruited by government. |
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Led by Sam Hinga Norman. |
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Have more success against |
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the RUF than RSLMF. |
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Also engage in |
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mass rape, forced |
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recruitment of children, |
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murder and cannibalism. |
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Coalition of dissident army officers led by Johnny Paul Koroma. |
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Collaborates with RUF. |
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Also engages in |
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widespread human |
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rights abuses against |
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civilians. |
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Mostly Nigerian military force. |
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Invade Freetown in 1997 and 1999 at request of President Kabbah. |
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Also uses violent tactics such as rape and indiscriminate killing of suspected RUF sympathizers. |
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In 1991, the RUF invades eastern Sierra Leone with the aid of Charles Taylor. |
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The RUF’s populist message wanes as Sankoh consolidates power through internal purges and distributing looted goods to recruits. |
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RUF begins practice of taking “bush wives” (forcibly abducting girls and women into sexual slavery and pseudo-marriage). |
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The underfunded and undertrained RSLMF loses several towns in the diamond-rich Eastern districts. |
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By the mid-1990s, RSLMF soldiers are also looting, raping and preying on civilians. |
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As a result, government begins to turn to CDF to stem the RUF tide. |
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Facing an increasingly suspicious populace, by 1992-93, the RUF turns to fear tactics. By making people afraid, they hope to keep them from supporting the government. |
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As it becomes harder to recruit young people, the RUF begins forcing children (some as young as 5) to fight. |
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RUF commanders often forced children to kill members of their own families and rape or maim members of their home communities. Breaking social taboos both alienated children from their communities and made it more difficult for them to return home. |
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RUF also used heroin and cocaine addiction to manipulate young people to carry out atrocities. |
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By 1994-95, fighting between the RUF and RSLMF had dropped off as both prey on local civilian populations. |
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The government thus begins funding and depending on the CDF. |
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Valentin Strasser, leader of a 1992 military coup is ousted in 1996. |
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Ahmed Tehan Kabbah elected President in 1996. |
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Kabbah signs a Peace Accord with the RUF. |
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In 1997, Johnny Paul Koroma’s AFRC seizes power, suspends Constitution, and abolishes political parties. |
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RUF invited to share power with AFRC. |
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RUF enters Freetown and targets officials, business people and anyone seen to represent the government. Also begin a campaign of mass rape. |
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In January 1998, ECOMOG forces invade Freetown. For the rest of the year, fighting between ECOMOG/CDF and RUF in central districts. |
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But the RUF continues to control diamond mines, a multi-million dollar industry, which allows them to continue buying arms from Liberia. |
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RUF once again seizes Freetown in January 1999. |
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Violent reprisals against local populations include mass rape and amputations. Amputations of hands and arms in response to Kabbah’s 1996 campaign message: “Let’s use our hands to rebuild Sierra Leone”. |
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ECOMOG/CDF successfully remove RUF again, but also commit serious human rights abuses. |
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By 1999, RUF is willing to negotiate peace and signs Lome Peace Accord. |
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Although UN troops arrive in Sierra Leone, Sam “Maskita” Bockarie vows to continue fighting. |
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In 2000, the RUF win a series of victories against UN forces and begin to close in on Freetown a third time. |
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Under international pressure, the British send troops. Foday Sankoh is soon captured. |
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By 2001, UN peacekeepers occupy RUF territory and large-scale disarmament begins. |
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January 1, 2002 – official declaration that the war is over. |
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In 1999, the Lomé Peace Agreement between rebel fighters and the government called for the establishment of a truth and reconciliation commission |
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In 2000, an act of the Sierra Leonean Parliament officially established the TRC and set out more specific details on its operation. The TRC did not become operational until late 2002 because of continuing violence in the country |
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Establish an impartial historical record of violations and abuses of human rights and humanitarian law related to the conflict in Sierra Leone for period starting in 1991 and ending with the signing of the Lomé Agreement (1999) |
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Address impunity |
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Respond to victims’ needs |
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Promote healing and reconciliation |
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Prevent repetition of violations and abuses |
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7 TRC Commissioners: |
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4 Sierra Leoneans |
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Bishop Humper, a Sierra Leonean, is the chair |
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3 internationals |
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A Gambian, Canadian and a South African |
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Time line: |
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Authorized to take 15 months (including a 3 month preparatory period) with the possibility of a six month extension |
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Divided its work into three stages: 4 months each for statement taking, public hearings, and report writing |
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Budget: |
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Less than $4.5 million donated by the international community and the government of Sierra Leone |
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Began in April of 2003 |
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9,500 individual statements taken |
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73 statement takers and 3 regional coordinators |
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1/3 of statement takers and regional coordinators were women |
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The TRC held public hearings at each of the 14 districts in Sierra Leone for one week for a 3-month period |
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The Commissioners split up into two hearing panels to hear more testimony in each district. |
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Over 450 people testified |
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About 13% were ex-combatants |
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Victims of sexual violence could testify in private or behind a screen |
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President Kabbah testified for two hours at the final hearing in August 2003 |
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He refused an invitation to apologize on behalf of the State for many of the abuses suffered in Sierra Leone |
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National Reconciliation Ceremony held after hearings complete |
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Everyone marched from Victoria Park to the National Stadium. Numerous people spoke at the stadium, including apologies by the Army, police and RUF Party. |
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Ceremony ended by renaming and dedicating bridge in Freetown as the “Peace Bridge" |
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Began writing the report in 2003. |
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Supposed to be out in April 2004, still not released yet |
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Initial Findings |
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All three combatant groups targeted civilians |
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All three combatant groups often targeted civilians to the exclusion of fighting each other |
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Will be in 4 volumes |
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Administration, finances and operations |
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Methods and findings |
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Statements and archives |
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Recommendations |
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Will be published in a child-friendly, a simple language and a video version |
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Witness (an NGO) made a fifty minute documentary of the findings of the TRC |
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Will include recommendations to the Sierra Leonean government, NGOs and the international community |
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Will be broken down into categories to indicate urgency of implementation |
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Imperatives |
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serious considerations |
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desirable results |
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Will name individuals in the military and police who committed violations |
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Will seek to address different sectors of the population – children, amputees, women, etc.. |
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A seven member National Human Rights Commission will be the successor to the TRC |
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Not yet established, Parliament is in the process of creating it |
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Will include both national and international representation |
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The Commission will be responsible for |
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Monitoring and facilitating implementation of the recommendations and |
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Providing quarterly reports to the President on status of implementation |
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A parliamentary Human Rights Committee was created in 2003 to be a permanent forum for deliberation on human rights issues |
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This committee is responsible for drafting the legislation to establish the Human Rights Commission |
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NGOs have worked with this Committee to draft this legislation |
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In August 2000, United Nations Security Council passes Resolution 1315, mandating the creation of the Special Court for Sierra Leone |
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Court was established by agreement between Sierra Leone and the United Nations in early 2002. |
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Limited Jurisdictional mandate: To prosecute those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law occurring between 30 November 1996 and 1999 |
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Registry |
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Office of the Prosecutor |
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Defense Office |
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Chambers |
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Assists other offices |
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Responsible for personnel: 304 staff members, 45% international and 55% Sierra Leone nationals |
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Oversees Court management and promulgation of Court documents |
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Serves as chief of communications and public affairs, responsible for outreach |
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Responsible for witness and |
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victim support services |
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Oversees construction and maintenance of of Court facilities |
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Oversees Court security |
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Operates the Special Court’s on-site detention center, which currently houses 9 detainees indicted by the Prosecutor. |
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David Crane, The Prosecutor, appointed in July 2002. |
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Responsible for investigation, indictment and prosecution |
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Multi-national staff of lawyers, investigators, paralegals, human rights researchers, support staff and translators |
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Volunteer forensic pathologists |
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Witness support team of mental health and social work professionals |
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War Crimes |
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Crimes Against Humanity |
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Gender Crimes |
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Crimes Against Children |
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As of June 2004, eleven persons associated with all three of the country's former warring factions stand indicted by the Special Court. |
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Two formerly indicted are now deceased. |
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Charles Taylor, former President of Liberia, resides in Nigeria and to date efforts to extradite him to Sierra Leone have been unsuccessful. |
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They are charged with war crimes, crimes against humanity, and other serious violations of international humanitarian law. |
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Specifically, the charges include murder, rape, extermination, acts of terror, enslavement, looting and burning, sexual slavery, conscription of children into an armed force, and attacks on United Nations peacekeepers and humanitarian workers |
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International panel of Judges appointed for 3-year terms by either United Nations or government of Sierra Leone |
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Trial Chamber: 2 United Nations appointments; 1 Sierra Leone appointment |
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Appellate Chamber: 3 United Nations appointments; 2 Sierra Leone appointments |
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Multi-national support staff |
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Appointment of a second Trial Chamber not yet announced |
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Trials of 9 individual defendants consolidated by political faction |
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3 trials with 3 defendants each |
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CDF trial started on June 3, 2004 |
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RUF trial started on July 5, 2004 |
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Little or no documentary evidence |
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600 potential prosecution witnesses, both victims and combatants |
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War was a joint criminal enterprise to gain political power and control over territory of Sierra Leone, in particular of diamond mines and other resource rich areas of the country. |
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Defendants had command and control over armed forces engaged in widespread and systematic attacks on civilian populations. |
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Defendants have individual criminal responsibility for crimes planned, ordered, instigated or committed in furtherance of the joint criminal enterprise; and for crimes which were reasonably foreseeable as a consequence of participating in the joint criminal enterprise. |
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The goal was to defeat by any means necessary the RUF and AFRC, and to eliminate those groups, their supporters, sympathizers, and anyone who did not actively resist the RUF/AFRC occupation of Sierra Leone; a common purpose or plan was devised to achieve this goal. |
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Defendants had command and control over armed forces charged with carrying out this purpose or plan. |
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Defendants have individual criminal responsibility for crimes planned, instigated, ordered committed within this common purpose; and for crimes which were reasonably foreseeable as a consequence of the common purpose or plan. |
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Extradition, trial and conviction of Charles Taylor as critical to success of Special Court and international rule of law |
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Post-conviction detention concerns |
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Ongoing witness support and protection |
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Failure of Court to complete work within budget and/or timeframe |
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Infrastructure: Court’s 11 acre compound, including all facilities, library, detention center, offices, furnishings (estimated value 8 to 10 million dollars) |
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Trained cadre of Sierra Leone professionals in all aspects of Court’s work (judges, lawyers, investigators, prison guards, witness support and protection, court administration) |
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Working model of international criminal court sited in post-conflict country, with a limited mandate, budget and existence |
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Timing: |
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The work of the TRC and the Special Court overlapped for a period of time, generating confusion in the public regarding the roles of each body |
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Testimony: |
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Also was confusion as to whether testimony in front of the TRC could be used in the Special Court hearing |
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Chief Prosecutor eventually made it clear that he would not used any testimony from the TRC to seek indictments |
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Sam Hinga Norman and three others detained by the Special Court wanted to testify in front of the TRC. |
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Special Court would not allow it unless the testimony was taped, the TRC considered this unacceptable and Norman and the others were not allowed to testify |
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● Victims |
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● Civil Society Groups |
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● TRC staff and commissioners |
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● Government (Ministry of Justice, Police, Parliament, Judiciary) |
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● Special Court for Sierra Leone (Prosecutor, Defence, Chambers, Registry) |
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● UNAMSIL |
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● U.S. and European government officials |
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● Media |
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Inspected amputee camps in Freetown and Kono District. |
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Inspected detention facilities |
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at the Special Court |
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Visited torture treatment center |
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Interviewed staff at the International Criminal Tribunal for the Former Yugoslavia |
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Conditions that caused the war (poverty, corruption, lack of access to education, inequitable distribution of resources) remain. |
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International community is withdrawing. |
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Question whether government will have political will to implement TRC’s recommendations. |
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Criminal justice system unable to handle prosecutions of individuals who committed crimes during war but weren’t tried by SCSL. |
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Nigeria has not extradited Charles Taylor. |
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First local elections in 34 years held in May 2004. Many think it will result in accountability. |
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SCSL impact – police and lawyers trained; new awareness about justice and human rights. |
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Proposed National Human Rights Commission; human rights civil society groups will have seat. |
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TRC Final Report expected to be good and strong outreach planned. |
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New ratings system for clean diamonds. |
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Educate yourself. |
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Help raise awareness in the U.S. about transitional justice issues. |
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Demand that the country’s government follow-through and implement TRC recommendations. |
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Encourage the U.S. government to support the transitional justice process. |
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Work for the extradition of those responsible for human rights abuses. |
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