Current Status of INCHR

Current Status of INCHR
February 14, 2006

Significant progress has been made since December 2005 in the establishment of the Independent National Commission on Human Rights (INCHR).

Following the dissolution of the INCHR in its transitional form by Chairman Charles Gyude Bryant, on 28 December 2005, Chief Justice of the Supreme Court, Hon. Justice Henry Reed Cooper convened the Independent Nomination Committee of Experts according to Article IX (3) of the INCHR Act 2005. The Committee is mandated to nominate members of the INCHR.

Many civil society organizations were consulted by the Chief Justice regarding the composition of the Committee. As an effect, several human rights activists serve as members of the Committee.

The committee has started working. Under the terms of the legislation, the Committee is to conduct the candidate nomination process in a transparent and inclusive manner. From the nominations received and vetted, the Committee will prepare a shortlist of some individuals considered to have the necessary integrity, experience and skill to serve as Commissioners.

Article IX (2) of the INCHR Act provides that the shortlist will be forwarded to the President of the Republic, who will make the final appointment of INCHR Chairperson and Commissioners with the consent of the Senate in accordance with the constitutional process.

What has been achieved so far?

• Drafted INCHR Act 2005 and helped its enactment process through the National Transitional Legislative Assembly
• Facilitated printing of the Act in the Handbills and its distribution to key human rights stakeholders
• Facilitated Chairperson and the transitional group of commissioners in all key areas of their work (except complaints handling, in particular)
• Lobbied the Chairman of the Transitional Government to dissolve the transitional INCHR created under the CPA.
• Provided procedural guidelines to the Chief Justice in the matter of convening of the Indepependent Committee of Experts for the nomination purpose
• Coordinating with the civil society and other stakeholders on the process of selection of the INCHR Commissioners according to INCHR Act

Plan Ahead

Once the new members of the INCHR are appointed by the President of Liberia on the recommendation of the Independent Committee of Experts - what needs to be done by the National Institutions Unit of UNMIL in 2006 may be summarized as follows:

•Facilitate development of Terms of Reference for each Commissioner and functional departments of the INCHR
•Assist INCHR develop its annual work plan and budget
•Help develop human resource policy of the Commission
•Provide legal expertise to draft Financial Management Regulations of the Commission
•Give expert help to the INCHR to draft complaints handling and management rules
•Assist INCHR as and when needed to implement INCHR Act by developing and adopting necessary internal rules and regulations
•Facilitate the development of a three year national human rights action plan of Liberia
•Continue providing/coordinating human rights capacity development training and orientation programmes for INCHR commissioners and staff
•Assist INCHR in developing its outreach and promotional strategies
•Help INCHR receive external financial/technical resources

Independent Committee of Experts

• While it is not necessary for a prospective nominee to have academic excellence, it is expected that he/she is professionally able to work as a human rights commissioner in a variety of roles expected of him/her, and has the specific skills and abilities required to carry out the essential duties of the post.

• They all should be people of high moral character known for their acumen, professional integrity and human rights commitment. They should be people without any history of having been charged of human rights violations/abuses or of impunity.

• There must be a full term commitment on the part of all commissioners who are nominated by the expert committee.

• The composition of the Commissioners thus appointed shall reflect, to the extent possible, the pluralist nature of Liberian society in terms of sex, ethnicity, language and religion. The Commission must be gender-balanced and should show sufficient respect to the diversities existing in the Liberian society , recognising the importance of tolerance for each other, as well as the need to fruitfully coexist.

• In accordance with international practice that the minority communities or indigenous groups which are considered deprived in terms of human rights owing to historical prejudices must be proportionally represented.

• There must be representation of nongovernmental organizations or professional associations involved in the protection and promotion of human rights, or such bodies as universities, the legislature, and other civil society groups.

• Additionally, a person eligible for appointment as the Chairperson or Commissioner must also possess the following qualifications:

(a) be a national of Liberia
(b) have attained age of forty
(c) not be convicted by a court of any criminal offence involving moral turpitude.