INCHR Act 2005 - Salient Features

• The establishment of the Independent Commission on Human rights (INCHR) is an explicit goal of the National Transitional Government of Liberia (NTGL) called for in Article XII 2a of the Comprehensive Peace Agreement (CPA).

• By passing this law Liberia has created the necessary norms, values, procedures and institutions for the operation of the INCHR.

• The newly enacted Act is based on international standards relating to the establishment, competence, responsibilities, composition, independence and quasi- judicial powers as set out by the United Nations "Principles Relating to the Status of National Institutions" (the "Paris Principles") adopted by the United Nations Commission on Human Rights in 1992 and the General Assembly in 1993.

• The Commission shall have general competence to protect and promote human rights in the Republic of Liberia according to the provisions of this Act, the Constitution and other relevant laws of Liberia. It is, among other things, empowered to -

(a) to inquire or investigate, suo motu or on a complaint presented to it by a victim or any person on his/her behalf, into a complaint of violation of human rights or abetment thereof or negligence in the prevention of such violation by the State, any of its functionaries, or public servants, or any other related person;

(b) to exercise powers to handle such complaints, investigate human rights violations and conduct hearings consistent with the due process of law.

• The Commission, while inquiring or investigating into complaints under this Act, shall have all the powers of a civil court trying a suit under the Civil Procedure Law of Liberia, and shall have subpoena powers to bring within its jurisdiction those accused of human rights violations based upon complaints from the aggrieved parties, or on suo motu basis. Such powers may extend to –

(a) issuance of a summons and enforcement of the attendance of witnesses and examination of them on oath;

(b) discovery and production of any document;

(c) receiving of evidence on affidavit;

(d) requisitioning of any public record or copy thereof from any court or office;

(e) issuance of commissions for the examination of witnesses or documents; and

(f) any other matter which may be prescribed.

• Any person appearing before the Commission like eye witnesses may be granted immunities from prosecution growing out of testimony in any or all of the categories provided by law. It shall in no circumstances be extended to a testifying person who has committed any crime against humanity.

• The Commission may take one or more of any of the following steps where the inquiry or investigation held under this Act discloses the commission of a human rights violation, or negligence in the prevention of a human rights violation by the State, or any of its functionaries, or public servant, or any other related person:

(a) recommend to the Government or the concerned authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;

(b) approach, according to the law of the land, the Supreme Court or the Circuit Court concerned for such directions, orders or writs as that Court may deem necessary; and

(c) recommend to the Government or the concerned authority for the grant of such immediate interim relief to the victim or the members of his/her family as the Commission may consider necessary;

• The Commission may make an order for compensation to victims whose rights have been violated by the State, any of its functionaries, or public servant, or any other related person. Such compensation shall be paid by the concerned authority of the State as though the victim has been awarded damages by a judge following a civil suit against the State.

• According to Article IX procedure, the Chairperson and all Commissioners of the INCHR should be appointed by the Chairperson of the Transitional Government by and with the consent of the NTLA; but he can consider only such persons for the purpose of appointment who are on the list of persons recommended for this purpose by an independent committee of experts formed by the Chief Justice of Liberia in consultation with the civil society organizations. The committee is free under the terms of the legislation to consider and recommend as many qualified candidates as it believes appropriate.

• The Chairperson of the Commission shall be the administrative head of the Commission. The Chairperson, in consultation with Commissioners, may allocate responsibilities between Commissioners, which may include policy making and supervisory responsibilities.

• The Commission shall consist of at least the following administrative departments: (a)the Department of Administration and Budget; (b) the Department of Planning, Internal Monitoring and Evaluation (c) the Department of Complaints, Investigation and Monitoring (d) the Department of Legislative Assistance, Treaty Matters and Law, and (e) the Department of Education, Training and Information

• Were a Commissioner to die, resign or be dismissed from office, or is incapacitated and or is unable to perform the duties of his /her office, the Chairperson of the Transitional Government /President shall appoint a replacement in accordance with Article IX of the Act. The Chairperson of the Transitional Government /President may dismiss from office any commissioner upon impeachment and conviction by the Legislature based on proved gross misconduct in a court of law for treason, bribery, misapplication of entrusted property, or other felonies.

• The Chairperson of the Commission shall hold office for six years. Other Commissioners shall hold office for five years.

• In order to enhance the operational efficiency and independence of the Commission, the Government of the Republic of Liberia shall ensure its adequate resources to the Commission following consultations with the legislature, Director General of the Budget and the Commission.

• All organs of State shall afford the Commission such assistance as may be reasonably required for the protection of the independence, impartiality and dignity of the Commission.

• The Commission shall be a body with perpetual succession. It has legal personality to acquire, use, sell, dispose of or otherwise deal with movable and immovable property. It may, like an individual, sue and be sued in its own name.