Reconstitution of Independent National Commission on Human Rights (INCHR)

December 12, 2005 (HRPS/UNMIL)

Article IX of the Act, which deals with the composition of the Commission, lays down the following rules to govern the appointment process:

• The Commission shall comprise the Chairperson and six other Commissioners who will exercise the powers conferred upon the Commission, and perform the functions assigned to it, under this Act. The Chairperson and the Commissioners shall be the full time officials of the Commission.

• The Chairperson and all Commissioners shall be appointed by the Chairperson of the Transitional Government /President of Liberia, by and with the consent of the Transitional Legislature/Senate.

• The Chairperson of the Transitional Government/President of Liberia shall consider only such persons for the purpose of appointment for the position of the Chairperson or Commissioners who are on the list of persons recommended for this purpose by an independent committee of experts formed by the Chief Justice of the Republic of Liberia in consultation with the civil society organizations.

• The Chairperson shall be a senior lawyer with a proven professional excellence and commitment to human rights and the rule of law.

• The Commissioners shall elect a Vice-Chairperson for the Commission from among themselves by a two-third majority vote.

• The composition of the Commissioners thereby appointed shall reflect, to the extent possible, the pluralist nature of Liberian society in terms of sex, ethnicity, language and religion and shall also have the 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.

• 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 forty years of age
(c) not be convicted by a court of any criminal offence involving moral turpitude.

Role of Chief Justice

Article IX, Clause 2 is clear on the point that the Chairperson of the Transitional Government of Liberia can consider only such persons for the purpose of appointment for the position of the Chairperson or Commissioners who are on the list of persons recommended for this purpose by an independent committee of experts. Such an independent committee has now been formed by the Chief Justice of Liberia, who is considered not only independent but who also has “subscribed to a solemn oath or affirmation to discharge faithfully and impartially the duties and functions of [his] office and to preserve, protect and defend the Constitution and laws of the Republic.” The Chief Justice is not an appointment authority. His role is only to convene the nomination panel of experts, and help it to do its job properly.

The Chief Justice has to perform his responsibility in the following ways:

• Form the independent nomination committee of experts “in consultation with the civil society organizations” on the basis of an all-inclusive consultation process.

• Make sure that the expert committee comprises of mature, independent, and nonpartisan men and women experts in the area of human rights from different social sectors. They should be people known for their acumen, professional integrity and commitment. This process of consultation must be formal and transparent.

• Ensure in particular that those selected to serve on the nominating committee are individuals who are likely to be able to find, evaluate, and select nominees who meet the criteria. They need not be lawyers or judges.

• Instruct that a person who is aspiring to be nominated as the Chief Commissioner or Commissioner shall not sit as a member of the committee. He or she relinquishes his or her chances of nomination as Chief Commissioner or Commissioner by virtue of his or her membership to the committee.

• Decide about the number of members of the nomination committee. The Act neither specifies the number of members the nomination committee should comprise of, nor stipulate the number of nominees that the committee should recommend to the NTGL Chairperson through the Chief Justice of Liberia. Consequently, the Chief Justice may exercise his/her judicial discretion about these issues. However, a committee of five or seven persons can be an ideal committee for the present purpose. On the other hand, the number of nominees should be limited to a maximum number of 11 persons, so that the committee does not give unnecessary flexibility to the NTGL Chairman.

• Lay down the procedures for the independent nomination committee and methods of accomplishing their task including vetting procedures. His/her guidance will be necessary to comply with these procedures.

• Arrange a secretariat for the committee at Supreme Court Building or elsewhere, and assign necessary administrative staff and facilities to them.

• Receive from them, at the end of the nomination period, the list of persons they consider competent on an objective basis.

• Send the list to the Chairman of NTGL (who will appoint the Chairperson and all Commissioners for the Commission from the list “by and with the consent of the Transitional Legislature/Senate”).

Terms of Reference - Nomination Committee of Experts

The Terms of Reference hereunder are intended to serve as a framework for the independent nomination committee of experts mandated in Section IX, Clause (3) of the INCHR Act and is devised to make sure that the process is carried out in the best spirit of the law and internationally recognized principles:

• The nomination committee convened by the Chief Justice shall remain independent of the authorities, both in its proceedings and its nomination.

• A public notice shall be issued by the nomination committee calling civil society organizations, human rights groups and interested citizens of Liberia to recommend their candidates to the committee in the given period. Such a public notice should be widely disseminated in Liberia include the remote areas of the country by means of newspapers, FM radios and the UNMIL Radio, giving sufficient time to the stakeholders to respond.

• However, the committee will not be restricted only to those potential nominees in making its nominations. The Nominating Committee will be expected to undertake an active search for right candidates on its own accord as well. It must also advertise its search for the candidates by all means.

• Every nominating person, group or organization should be able to attach a short curriculum vitae of the person nominated, his/her background, explaining why he/she qualifies for these positions.

• After initial screening of the names of qualified persons, the committee shall publish them and start the process of interview and nomination hearing in the case of each such person. The committee will not make any decision about nominations without hearing interested stakeholders first.

• The Chairman and commissioners appointed in January 2004 should have the opportunity to be considered under/through the vetting process.

• A reasonable opportunity shall be given by the committee to all interested civil society organizations and human rights groups in the nomination hearings.

•The committee may request for additional written submissions from the recommending individual or organization, or from other parties, whenever they need it.

• A member of the committee having a conflict of interest in the case of a certain candidate should not take part in the deliberation, hearing or decision making involving that candidate.

• The Chief Justice will not take part in the proceedings or decision making process of the nomination committee.

• The nomination committee will be fully independent in the matter of nomination, and shall not need confirmation whatsoever from the Chief Justice in the finalization of the list.

• The decision of the committee can be made by a simple majority of the votes of the committee members present and voting. However, a consensus decision is always important to ensure that nominated candidates command the respect and approval of a broad cross-section of human rights constituencies.

• The members of the nominating committee will serve voluntarily and will not be compensated for their efforts.

• The committee shall submit the list to the Chairman of NTGL through the Chief Justice within a month from the commencement of their duties.

• The Committee shall be dissolved as soon as its task is completed.

Qualification of nominees

• 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.