Thomas Jaye Security Sector Reform in Liberia The following is excerpted from a longer report, Governance Reform Commission (GRC) Assessment on Security Sector Reform in Liberia, republished here with permission from Dr. Amos Sawyer, Chairman, GRC. To access the entire report in PDF file format: click to download 1.0. BACKGROUND After 14 years of war the people of Liberia have embarked upon the difficult task of rebuilding their war-torn country. The elections of October and November 2005 and subsequent inauguration of Mrs. Ellen Johnson-Sirleaf as President of Liberia have worked together to offer a window of opportunity for post-war reconstruction. Like other post-conflict societies, Liberia has inherited both internal and external predicaments that the new administration and the Liberian people must confront in order to make the relapse into armed violence difficult, if not impossible. Internally these predicaments include social, economic, political, and security problems that continue to afflict the country today; while externally they include the problem of insecurity engendered by the lingering crisis in Cote d’Ivoire and the unstable political situation in Guinea. One of the most serious challenges facing the new administration today is the improvement of the security environment in order to pursue development and democratic politics. In order to address this specific issue, Liberia, since 2004 embarked upon the task of security sector reform (SSR).So far, the Police, the army and the Special Security Service (SSS) have benefited from the SSR process but many other agencies have been left out. The other deficit is that the SSR process in Liberia is taken place outside of any shared vision of national security and there is no national security strategy for a country that has experienced 14 years of instability. Moreover, the entire SSR process lacks local ownership. It is against the backdrop of the above understanding that the President of Liberia, Mrs. Ellen Johnson-Sirleaf, mandated the Governance Reform Commission (GRC) to provide professional and intellectual leadership and interject critical thinking into the SSR policy debates. The GRC was also tasked to evolve a shared vision of national security and a comprehensive national security policy or strategy. In response to this challenge, the GRC carried out an assessment of the country’s security sector in August 2006. The assessment process involved consultation with the heads of key security agencies and the appropriate government ministries that make up the country’s security architecture. It also involved talking to people in the national legislature, particularly those serving on the Defence and National Security Committees. Representatives of UNMIL, US Embassy, civil society groups and ex-servicemen were also consulted. The assessment process also involved a review of the existing legislation on the security sector. This assessment report is therefore a reflection of the discussions held over a two-week period. It also reflects the relevant findings of available reports by UNMIL, RAND Corporation, existing legislation and legal frameworks and the general impression of the GRC team. 2.0. SUBREGIONAL AND LOCAL (IN)SECURITY ENVIRONMENT The SSR process in Liberia is taking place within very volatile, uncertain and fragile internal and external security environments. This rather precarious position makes the task of SSR challenging, necessary and relevant. 2.1. Local Environment: After fourteen years of armed violence, Liberia has inherited the problems of socio-economic, political and security deficits. The economy remains contracted and dislocated, coupled with high unemployment, pervasive poverty and hunger in the country. Moreover, the break down of the governance structures and rule of law constitutes a major challenge to the post-war reconstruction process. As such, UNMIL has provided for the physical security of the country and its people. However, in the absence of a capable, effective, legitimate and coherent security sector, UNMIL continues to be overwhelmed by the challenges of armed robbery and lawlessness which is prevalent in the country. The social infrastructure of the country has been damaged by 14 years of violence and plunder; and the reintegration of the ex-fighters, internally displaced persons and refugees into their communities constitute a major challenge for the new administration. With specific reference to the security sector, which is the focus of this report, during the 14 years of war it became highly fragmented, factionalised and dysfunctional. Historically, this sector faced many problems including the lack of professionalism in its ranks; poor remuneration; overlapping of duties; lack of respect for the rule of law; poor infrastructure and others. The war years intensified these problems and because of the history of poor civil-military relations, the sector has lost the confidence of the Liberian public. The role of members of these agencies in suppressing and oppressing the people verifies this assumption. Furthermore, the new administration has inherited a bloated security sector both in terms of sheer size and number of employees and agencies. 2.2. Subregional Environment: In as much as the neighbours of Liberia may not invade her militarily, the unstable political environments in these countries constitute potential threats. The lingering crisis in Cote d’Ivoire is of major concern because there are credible reports that Liberians are fighting on both sides of the Conflict. With the lack of progress in the Ivorian peace process, which is manifested by the fact that the scheduled elections for 31 October 2006 will not be held, it becomes possible that the country could degenerate into full scale war if the international community of states do not take the appropriate steps to arrest the situation. On the other hand, the Republic of Guinea is also facing an uncertain political future because of the illness of President Lassanah Conteh. Depending on how the transition process in that country is handled, Liberia could also face potential threats. Although Sierra Leone emerged out of war three years ago, little progress has been made to convince observers that the country is totally out of the woods. The increase in corruption, pervasive poverty and declining living standards in the country are signs of a country that could relapse into conflict if reconstruction processes are not strengthened. Finally, the general situation within West Africa is also needs improvement. Transborder crimes constitute threats to every ECOWAS member state: small arms proliferation, drugs smuggling, HIV/AIDS, youth unemployment, declining and stagnating economies, and others. All of these internal and external developments are important for understanding the environment in which the SSR process is taking place in Liberia. They must be considered in SSR debates and should be reflected in the security policy that will emerge out of this process. 3.0. LEGAL FRAMEWORKS FOR SSR IN LIBERIA The SSR is pursued and implemented in Liberia within an environment of conflicting legal frameworks. The 1986 Constitution of Liberia, the Comprehensive Peace Agreement (CPA) of 2003, and the United Nations Security Council Resolution 1509 in 2003 provide the legal frameworks for the implementation of security sector reform in Liberia. 3.1. Constitution of Liberia: Although from August 2003 to January 2006, the CPA was the major source of legal reference for SSR in Liberia, the election of 2005 and subsequent inauguration of Mrs. Sirleaf have made the Constitution of Liberia relevant to the process. Previously, Article XXXV section 1(b) of the CPA suspended parts of the Liberian Constitution. The CPA reads that “ . . . the provisions of the present Constitution of the Republic of Liberia, the Statuses and all other Liberian laws, which relate to the establishment, composition and powers of the Executive, the Legislative and Judicial branches of the Government, are hereby suspended”.2 As Commander-in-Chief of the Armed Forces of Liberia, under Article 54 (e) the President ‘appoints members of the military from the rank of lieutenant or its equivalence and above; and field marshals, deputy field marshals and sheriffs’.3 The President therefore has a role to play in the SSR process. The Constitution provides broad remit for the national legislature on security issues. For example, Article 34 (b) reads that the Legislature has the power to "provide for the security of the Republic"; and under Article 34 (c) the Legislature also has the power “to provide for the common defence, to declare war and authorize the Executive to conclude peace; to raise and support the Armed Forces of the Republic, and to make appropriations therefor provided that no appropriation of money for that use shall be for a longer term than one year, and to make rules for the governance of the Armed Forces of Liberia.”4 Although the Constitution empowers the legislative branch to be involved in the SSR process in Liberia, regrettably, its role has been passive and marginal. 3.2. Comprehensive Peace Agreement (CPA). The CPA constitutes a major legal reference for the SSR process in Liberia. The conditions for implementing the SSR programme in Liberia are enshrined under Articles VII and VIII of Part Four of the CPA. Under Article VII section 1 (b), it is stipulated that “the Armed Forces of Liberia shall be restructured and will have a new command structure. The forces may be drawn from the ranks of the present GOL forces, the LURD and the MODEL, as well as from civilians with appropriate background and experience. The Parties request that ECOWAS, the UN, AU, and the ICGL provide advisory staff, equipment, logistics and experienced trainers for the security reform effort. The parties also request that the United States of America play a lead role in organising this restructuring program”.5 Although the Agreement gave powers to the international community of states and specifically requested the US to play a lead role, the latter has taken sole and exclusive ownership of the restructuring of the army; the US administration has contracted a private military company, DynCorp, to exclusively recruit, train and restructure the AFL. Moreover, the CPA provided the criteria upon which the AFL should be restructured: new recruits would be screened with respect to educational, professional, medical and fitness qualifications and prior history of human rights abuses. Further, it stressed that the restructured army should reflect regional balance within the country; its mission shall be to defend the "national sovereignty and in extremis, respond to natural disasters"; and all parties shall organise information, education and communication (IEC) programmes to sensitise the Liberian public about the mission and activities of the restructuring plan.6 The extent to which this provision has been adhered to remains unclear but verifiable. The CPA makes specific references to the agencies that should be restructured. For example, Article VII refers to the Liberia National Police and other security services such as the Immigration service, Special Security Services, custom security guards and other statutory security units.7 The document also calls for the disarmament and disbanding of the “…Special Security Units including the Anti-Terrorist Unit, the Special Operations Division (SOD) of the Liberia National Police Service, and such paramilitary groups that operate within organisations such as the National Port Authority (NPA), the Liberian Telecommunications Corporation (LTC), the Liberian [Petroleum] Refining Corporation and the Airports”.8 3.3. UNSC Resolution 1509: The other document that provides legal framework for the SSR processes in Liberia is UNSC Resolution 1509 of 19 September 2003. Resolution 1509 clearly stipulates that the UNMIL shall support the reform of the security sector by assisting “…the transitional government of Liberia in monitoring and restructuring the police force of Liberia, consistent with democratic policing, to develop a civilian police training programme, and to otherwise assist in the training of civilian police, in cooperation with ECOWAS, international organizations and interested States”.9 It shall also “…assist the transitional government in the formation of a new and restructured Liberian military in cooperation with ECOWAS, international organizations and interested States”. Although the CPA was specific about the role of the United States of America in the restructuring of the army, Resolution 1509 only refers to "Interested States". It is however specific about the role of UNMIL in training the police. Importantly, it is these three documents that offer the legal frameworks for the transformation of the security sector. So far the question regarding which of these is supreme has not emerged. Fortunately, Liberia has a leadership that is not prepared to revert to the old practice of Taylor who invoked the Constitution of Liberia to prematurely abort the SSR process in 1997 by asking ECOMOG to leave, when the security environment in the country was still extremely fragile. 4.0. SECURITY ARCHITECTURE From a broader perspective, the Liberian security architecture comprises security agencies and the civilian oversight bodies that promote and protect the national security interests of the people and the state. These include intelligence, paramilitary and military bodies, and civilian institutions that have oversight responsibilities over the security agencies. However, this report is focused mainly on the military and intelligence components of the security architecture. The judiciary was deliberately left out of this assessment exercise because the GRC has appointed a legal consultant to review the activities of that branch of the government. The following institutions constitute the Liberian security architecture: National Security Agency (NSA) National Bureau of Investigation (NBI) Armed Forces of Liberia (AFL) Special Security Services (SSS) Liberia National Police (LNP) Drugs Enforcement Agency (DEA) National Fire Service (NFS) Ministry of National Security (MNS) Bureau of Immigration and Naturalisation (BIN) Bureau of Customs and Excise (BCE) Monrovia City Police (MCP) The roles and functions of these agencies are enshrined in the various Legislative Acts that established them. Below, a brief outline of the roles and functions of the different security agencies is provided. 4.1. National Security Agency (NSA): This segment of the security sector was created on 20 May 1974 after President William R. Tolbert, Jr. abolished the Executive Action Bureau (EAB) and the National Bureau of Investigation (NBI). The main functions of the NSA are: 1) “to develop plans; 2) collect, analyze and disseminate overt political, economic, cultural and sociological intelligence for Liberia; and 3) provide all possible means for the adequate protection of the Government and people of Liberia against subversion, espionage, sedition, adverse propaganda and sabotage”. The NSA, by law, is the national body with the “sole authority to coordinate the activities of all national intelligence collecting services and receive, evaluate and disseminate the data as directed”. It has police, subpoena or law enforcement powers and its remit includes internal security.10 By virtue of this Act, the Director of the NSA is also required to prepare intelligence and security briefs for the President. These roles, however, clearly over-lap with the duties of other agencies such as the MNS, NBI and the Police. 4.2. National Bureau of Investigation (NBI): Was re-established by an Act of Legislature in December 1998 and unlike the NSA whose functions and authority are clearly spelled out, the duties of the NBI are contained under Section 22.51. ‘Duties of the Director’. The Director investigates "major crimes including homicide (except vehicular homicide), illegal entries into the country, robbery, arson, rape, grand larceny, kidnapping, burglary, embezzlement, forgery, smuggling, violation of the narcotics law, counterfeiting, theft of government property".11 These are the functions of the NBI, which overlap with those of the Police, MNS, NSA and the BIN. 4.3. Armed Forces of Liberia (AFL): Was created by the Defence Act of 1956 with the sole purpose to protect the territorial integrity of Liberia. In theory, it is the only security institution in Liberia with clear and non-overlapping duties with other agencies. But in practice the AFL has been involved in law enforcement activities. The AFL has been abolished and a new army of an initial 2000 soldiers is being created to reflect a regional balance within its ranks. 4.4. Special Security Services (SSS): Created on 23 February 1966, the SSS perform the following functions: “a) protect and secure the President, his [or her] immediate family, other officials and visiting dignitaries (VIPs), to be designated by the President; b) protect the Executive Mansion and its grounds, c) to protect all documents, Top Secret, Secret, Confidential and informatory materials; d) to check in-coming mails, packages and things addressed to or for use or consumption by the President and his [or her] household; e) to security check all means of transportation used by the President, his [or her] family and other VIPs; f) to security check the residence of the President both temporary and permanent; g) to serve as liaison with other security agencies in matters pertaining to the screening of persons to be employed at the Executive Mansion and other services of the President; and h) such other functions as may from time to time be delegated by the President”.12 In keeping with Section 12.63 this Act, “in the performance of the functions of the Service, an Agent may arrest or cause to be arrested any person or persons committing a crime flagrant delicto, or aiding and abetting any crime or violation, or who may reasonably be suspected of the commission of a crime”.13 Therefore the SSS has law enforcement powers. 4.5. Liberia National Police (LNP): Established by an Act of Legislature on 6 June 1975, the National Police Force has the duties to detect crimes, apprehend offenders, preserve law and order, protect life, liberty and property, and enforce all laws and regulations with which they are directly charged.14 4.6. Drugs Enforcement Agency (DEA): Established by an Act of Legislature on 23 December 1999, the DEA emerged after the National Inter-Ministerial Drug Committee (NIDC) was dissolved. Like the NBI, the duties of the DEA are enshrined under Section 22.102, which describes the activities of the Director. Hence, implicitly, the DEA has the duty to "conceive and formulate anti-drug policies; coordinate, collaborate and facilitate the efficient and effective enforcement of all domestic anti-drug legislations". Section 22.105 of the Act transferred all the functions and specialised personnel of the narcotic divisions of the Liberia National Police Force and the National Security Agency to the DEA.15 This section of the Act is interpreted to mean that the DEA is not performing overlapping duties with the police and the NSA because the functions of these agencies were legally transferred under the December 1999 Act. No corresponding changes were made to the Acts that established the NSA and the Police to this effect. 4.7. National Fire Service (NFS): The NFS was established in 1949 by an Act of Legislature under the Ministry of Justice and charged with the following responsibilities: “oversee the operation of an efficient fire fighting organisation and take all necessary measures for Fire Prevention and Control; inspect all public and private buildings to determine if they are fire hazards and in so far as possible eliminate hazardous conditions; assist the Liberia National Police in Arson investigations; Establish fire control units throughout the Republic; and prepare statistical reports on the occurrence and causes of fire”.16 4.8. Ministry of National Security (MNS): It was established on 6 September 1979. The functions of the MNS are enshrined under the duties of the Minister and include the following: “prepare intelligence and security briefs for the President, monitor and give guidance to the operational activities of the various security services, primarily Presidential security operations and counter intelligence and counter espionage operations of the security services”. It shall also “coordinate the activities of all security services and shall prepare and implement rules and regulations pertaining to personnel, finance, logistics, training, operations and organisations necessary for the efficient operation of the security services subject to approval by the President”.17 The NSA also prepares intelligence and security briefs for the President. 4.9. National Security Council (NSC): The Council was created on 12 March 1999 by an Act of Legislature with the following duties: “a) to identify and define the National Security goals of the Republic in relation to national power; b) to initiate or discuss proposed national security policies, including the consideration of alternative courses of action and to submit policy, recommendations for approval and timely action of the President; c) to constitute, organize and supervise under the direction of the President the security and other agencies of government in a manner as to ensure their provision of intelligence, counter-intelligence and other information that shall be necessary to fulfil the responsibilities of the Council; d) to see to it that security policy decisions, made by the Council are implemented in a coordinated and integrated manner by all agencies of government involved; e) to consider policies on matter of common interest to the agencies of government concerning national security and to make recommendations to the President as may be warranted; and f) to make from time to time, such recommendations and other reports as may be deemed appropriate by the Council or may be required by the President”.18 The Act provides for an Advisor to the President on Security Affairs who, among other things, coordinates the activities of the Council including the planning of meetings, preparation of Agenda, and recording of minutes of Council meetings. Similarly, the MNS coordinates the activities of other agencies within the sector. The Advisor serves the Council as secretary. 4.10. Bureau of Immigration and Naturalisation (BIN): The BIN was established on 28 August 1955 by an Act of Legislature and duly charged with the responsibilities to prevent illegal entries of persons into Liberia; apprehend foreigners found in the country without legal status; and investigate foreigners who violate the Alien and Naturalisation Laws of Liberia.19 Similarly, the NBI also has the mandate to investigate illegal entry into the country. 4.11. Bureau of Customs and Excise (BCE): Located within the Ministry of Finance, the BCE has been conceived as a revenue collecting agency. It collects import and export duties, and safeguards the borders from smuggling and other illegal activities that impede taxation on goods. In this light, it classifies and evaluates goods entering the country at the various points of entry. Traditionally, the BCE is not considered as part of Liberia’s security architecture but should. 4.12. Monrovia City Police (MCP): The MCP was established under Article 1, Section III of the Legislative Act that established the Monrovia City Corporation in 1976, the MCP enforces “municipal or city ordinances, regulations, enforces parking and supervises parking lots; assists in the collection of Real Estate Tax in the city; supervises and controls infrastructure and city management, markets and petty trading areas; provides security at the City Court and serves legal precepts at the court; maintains and safeguards public order and the safety of persons and property within the Administrative area of Monrovia”.20 It also provides security for the City Mayor and visiting dignitaries; and has jurisdiction over traffic and sanitation matters within the city.21 Many of these functions are also provided by the Police. 5.0. ISSUES AND CONCERNS An assessment of these agencies and the existing legislation reveals that the security sector is faced with a lot of problems and issues: overlapping responsibilities, budgetary constraints, bloated sector, politicisation of the security sector, and local ownership of SSR process, lack of infrastructure, poor human resource capacity and skewed civilian oversight. Footnotes 2. Article XXXV, Section 1(b) of the Comprehensive Peace Agreement (CPA), 18 August 2003, Accra, Ghana, p. 27 3. Articles 51 and 54 (e) of the Constitution of the Republic of Liberia, 1986 4. Article 34 (b) and ( c ) of the Constitution of the Republic of Liberia, 1986 5. Article VII Section 1 (b) of the CPA, 2003, p. 15 6. Article VII Sections 2 (a – d) and 3 of the CPA, 2003, p. 16 7. Article VIII Section 1 of the CPA, 2003, p. 16 8. Article VIII Section 2 of the CPA, 2003, p. 16 9. United Nations Security Council, Resolution 1509 (2003), S/RES/1509 (2003), Adopted by the Security Council at its 4830th meeting, on 19 September 2003, p. 4 10. See An Act repealing sub-chapter D of Chapter I, Part 1 and sub-chapter B of Chapter 22, Part II of the Executive Law in relation to the Executive Action Bureau and the National Bureau of Investigation and creating the National Security Agency, 20 May 1974 11. An Act to amend the provisions of the New Executive Law to provide for the re-establishment of the National Bureau of Investigation (NBI), December 1998 12. An Act to amend the Executive Law to create a Special Security Service, 23 February 1966 13. Ibid 14. An Act to amend the Executive Law with respect to the National Police Force, 6 June 1975 15. An Act to amend Chapter 22 of the New Executive law to provide for the addition of sub-chapter F creating and establishing the Drug Enforcement Agency, 23 December 1998 16. See The Liberian Criminal Justice System. A Report on the structure, functions and problems, and a survey of the public’s perception of the operations and effectiveness of the criminal justice institutions, published by the Center for Criminal Justice Research and Education, 31 December 2002, p. 67 17. An Act to Repeal Chapter 2, Sub-chapter B of the Executive Law Establishing the Office of National Security and to Amend The Executive Law to Create and Establish in the Executive Branch of Government a Ministry to be known as The Ministry of National Secretary, September 6, 1979 18. An Act to establish the National Security Council of the Republic of Liberia, 12 March 1999 19. See The Liberian Criminal Justice System. A Report on the structure, functions and problems, and a survey of the public’s perception of the operations and effectiveness of the criminal justice institutions, published by the Center for Criminal Justice Research and Education, 31 December 2002, p. 67 20. See The Liberian Criminal Justice System. A Report on the structure, functions and problems, and a survey of the public’s perception of the operations and effectiveness of the criminal justice institutions, published by the Center for Criminal Justice Research and Education, 31 December 2002, p. 73 21. Ibid —END EXCERPT— To access the entire report in PDF file format: click to download REPUBLICATION CREDIT: Dr. Amos Sawyer, Chairman, Governance Reform Commission, Liberia Thomas Jaye