Friday, March 30, 2007

GOVERNMENT’S CALL FOR ‘COMMUNITY WATCH TEAMS’ FORMATION

GOVERNMENT’S CALL FOR ‘COMMUNITY WATCH TEAMS’ FORMATION:THE HEAVY UNDERLYING HUMAN RIGHTS RESPONSIBILITIES

September 2006

The beginning of the month of September was marked by a troubling sudden upsurge in the crime rate and fragility in the general security situation in and around Monrovia – i.e. throughout Montserrado County. The Ministry of Justice, in reaction to the developments issued a press release on September 4, where the Minister of Justice and Attorney General said:

“…We wish to reiterate our earlier call on community dwellers, the face of the Police inability to decisively deal with the upsurge in the criminal activities in the city, to organize themselves into community watch teams or vigilante groups in helping to protect themselves against these murderers …However, the Ministry of Justice must hasten to warn the public against the use of mob justice or taking the law into their own hands in their attempt to protect themselves against these criminal gangs… Additionally, the public is asked to report to the Police any suspicious individuals in their communities.”

HRPS critically examines the decision by the Government against the Liberian Constitutional provisions and international human rights law to establish if there can be any grounds for such groups’ or teams’ legitimacy. The analysis is contextualized in that the specific realities on the ground in Liberia today must be borne in mind as arguments are listened to.

Part 1: The Liberian context: The relevant demographic statistics provided by the UNpolice and Civil Affairs show that almost half of Liberia’s population lives in the troubled area under discussion – i.e Monrovia and the environs. This is roughly 1.5 million dwellers. CA records only 67 LNP and 29 trainees as the available police personnel covering the area. The international recommended police to civilian ratio being 1:120, even with the 404Civpol, and 240 FPU at the national HQ, the total number of 711 against 1,500,000 would be 1:2109 – still far from the required ratio. Additionally, the handful LNP personnel are not armed, have no sophisticated communication means or transportation to swiftly dash to places where crime or trouble is reported.

Military and police reports on crimes show, on the other hand, that miscreants are often armed – sometimes with AK7s, cutlasses and other weapons with which they kill victims. Although operations to apprehend lawless elements involve UNMIL police and military support to the LNP, this has not necessarily made the LNP credible enough to ably confront the criminal elements. The mandate under which UNMIL’s armed personnel operate also limit the extent to which effectiveness in the fight against crime can be pushed.

Part 2: International legal framework: Liberia is a State Party to instruments cited below:

(i) the HRC reaffirms the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms. Resolution 1993/54,

(ii) the HRC “recognised, however, that action by civil defence forces ha(d) in some cases jeopardized the enjoyment of human rights and fundamental freedoms.”

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