Friday, June 22, 2007

"Lessos Leearned From The 2006 Renegotiation of the MITTAL STEEL Mineral Development Agreement by GOL" NIC Boss Explains to Mineral Stakeholders




The just ended USIAD sponsored workshop on "The Development of a National Mining Cadastre System and a Proposed Mineral Development Agreement" as been appriased by many Liberians as one of the best workshops in recent times given details information about the Liberian mineral sector.
One of those who presented his paper was the Chairman of the National Investment Commission (NIC), Dr. Richard V. Tolbert. His presentation highlighted on tough times the Liberian government went through during the 2006 renegotiation of the Mittal Steel Mineral Development Agreement.
This splendid presentation by the NIC boss at the workshop drew the attentive listening of both the participants and stakeholders who appriased it as one of the best during the 3-day workshop.
Below we bring you a full text of the NIC Chairman's paper delivered at the workshop:
LESSONS LEARNED FROM THE 2006 RENEGOTIATION OF THE MITTAL STEEL MINERAL DEVELOPMENT AGREEMENT BY GOL
1. INFRASTRUCTURE:
Explicitly clarified that GOL retains ownership rights to Buchanan Port and Yekepa to Buchanan railroad while concessionaire has first operational rights to those facilities. Furthermore, GOL has the right to grant access to those facilities to third party, provided such access does not nterfere

with concessionaire’s basic right of first access, and may request a third party to upgrade and operate facilities if GOL not satisfied with Mittal’s development of infrastructure for third party or alternate co-use. A new joint committee is also established under revised agreement to review decisions regarding third party access or upgrading of the infrastructure.
2. LIBERIANIZATION
Under the revised agreement Mittal is required to Liberianize top management according to a fixed schedule versus the vague obligation in the 2005 MDA: 25% top management must be Liberian within 5 years and 50% within 10 years. Top management is defined.
3. SCHOLARSHIPS:
Mittal is to provide $200,000 to fund overseas scholarships in addition to $50,000 to University of Liberian Geology Institute, versus only $50,000 in overseas scholarships and $50,000 to LU in the old agreement.
4. GOVERNING LAW:
The new agreement is to be governed by Liberian law as opposed to the old agreement which was governed by UK law. Important for the interpretation of desputes under international arbitration rules.
5. ENVIRONMENTAL PROTECTION
The Concessionaire must conduct an annual environmental audit and meet up with all Liberian environmental laws, including obligation to remedy and mitigate environmental damage.
6. “SIGNATURE BONUS”
Concessionaire agreed to pay a one time signing bonus of $15 million to GOL. Nothing to this effect was in old agreement every other concession agreement.7. LAND RENTAL:
The land rental of $200,000 for the first 2 years and $300,000 thereafter is indexed for inflation. In the new agreement as opposed to being fixed at $300,000 for the remaining 23 years of the agreement. This means that in 10 years, Mittal could be paying $500,000 - $600,000 a year in land rental versus just $300,000 at an inflation rate of 10% a year or $1.2 million in 15-20 years.8. ROYALTIES:
Mittal is to pay 4.5% royalties based on FOB price of iron ore at Buchanan under the revised agreement versus ex–mine head at Yekepa under the old MDA. This is huge for Government. For example if the price of iron ex Buchanan is just $23 per ton versus $20 per ton ex mine head in Yekepa, Mittal will now pay GOL $2 million a year more in royalties than under the previous agreement ($3 per ton transportation cost from Yekepa to Buchanan x 15 million tons per year x 4.5% = $2,025,000!!)
9. TRANSFER PRICING:
Another huge win for GOL. The price of iron ore upon which royalty will be based is now “fair market value … under international standards …. At arm’s length”…. Versus the vague subjective language of “invoiced sales price” in the old 2005 agreement.
In practical terms this could translate again into millions of dollars additional for GOL as “transfer pricing or under – invoicing especially in the case of a “captive mine” such as this for Mittal, is one of the classic ways in which multinational companies under-pay developing countries for natural resources and “transfer profits” out to their tax-haven parent holding company.
For example if by this new arm’s length pricing formula GOL will now get just $5 per ton FOB more in the calculation of iron ore selling price for royalty purposes, this translates into an additional $3 - $4 million per year in royalties for GOL (15 million tons x $5 = $75 million x 4.5% = $3,375,000).
10. TAX HOLIDAY:
Under the 2005 MDA, Mittal enjoyed a 5 year tax holiday on corporate taxes. Under the revised MDA, Mittal enjoys no tax holiday. Thus if Mittal starts making profits even from year 4 and 5 of operations, it will pay the full 30% in corporate taxes. So if Mittal Liberia makes only $10 million in profits in year 4 and 5, this will translate into another $3 million in corporate tax for GOL in each year.
11. WITHHOLDING TAXES:
The elimination of the general tax holiday in the revised MDA has tremendous implications in a number of fiscal areas. This is especially true in the area of withholding taxes on interest payments, dividends and payments to contractors. Under the old MDA, Mittal was exempted from withholding taxes in all of these areas. Under the revised MDA Mittal pays GOL a withholding tax of 9% on interest payments, and 6% on all payments to contractors.
The withholding tax on interest payments is once again a big win for Liberia. For assuming Mittal Liberia finances just $600 million of its $900 million capital expenditure program over the next 5 years and makes interest payments to its creditors of $48 million at 8%, GOL gets to withhold 9% of that or about $5 million.
This was one of the biggest achievements for GOL in the revised MDA. For assuming Mittal makes $700 million in payments to contractors over the next 5 years, Liberia will now realize withholding taxes of at least $42 million or 6% on these payments versus taxes being paid to some foreign jurisdiction.
12. CUSTOMS DUTIES:
Under the new agreement, Mittal pays 40% of normal customs duties on imports for years 6 – 10 of the agreement and 100% thereafter versus the 2005 agreement where Mittal merely pays a flat $400,000 a year in lieu of all customs duties for the life of the agreement.Furthermore, Mittal now pays 50% of the regular customs duty on diesel as well as gasoline versus the 2005 MDA where they were 100% exempt on diesel. And the exemption on fuel is now limited to 7 years versus 25 years in the old MDA, hereafter they pay 100% if the customs duties on all fuel.
13. ECOWAS TAX:
Mittal must pay the statutory 1% ECOWAS Tax for which it was exempted in the 2005 MDA.
14. GENERAL TAX LAWS:
Very significantly, Mittal is now subject to all laws of general applicability with respect to taxes unless otherwise exempted, versus in the 2005 MDA where Mittal was generally exempted from tax laws of general application unless specifically stated otherwise.
15. PARENT GUARANTY
Mittal Steel AG, the parent company of Mittal Steel Liberia, is now explicitly expressing a guarantor of the financial and environmental obligations of Mittal Steel Liberia. This provision did not exist at all in the old agreement.
16. DEBT TO EQUITY RATIO:
Mittal’s ability to leverage its Liberian operations is now limited to a maximum debt/equity ratio of 3:1. This is vitally important as the amount of debt a company takes on can seriously effect the amount of taxes it pays by reducing taxable income through excessive interest deductions. There was no such cap in the previous MDA.
(In fact not only is there a cap on the debt to equity ratio but under Liberian tax laws the deductibility of interest expense is limited to 50% of net taxable income)
17. EMINENT DOMAIN:In the previous MDA, GOL was obligated to seize private land by eminent domain for the concessionaire at concessionaire’s expense if requested to do so by Mittal. Under the new agreement, Mittal will have to negotiate its own land acquisition with private land owners, as eminent domain should only be used where private land is needed for public purpose, not for a private investor.
18. ARBITRATION AWARDS:
Should there be a dispute between GOL and Mittal for which Mittal is awarded a benefit, such arbitral award may now be taxed in Liberia whereas it was not subject to tax in Liberia before.
19. TURNOVER TAX:
Mittal is now subject to a 1% turnover tax as opposed to ½ % turnover tax in the old MDA. On every $100 million in gross revenue, GOL will now receive an extra $500,000 in turnover tax. Although this is an advance tax creditable against ordinary income taxes it will help the Government’s cash flow tremendously.
20. DISPOSITION OF ASSETS:
GOL may now buy moveable assets at the termination of the agreement at “net book value” versus ‘fair market value”. Important as most assets will probably be written down to zero at termination.
21. MARGIN OF PERFERENCE:
Under the new MDA the concessionaire is required to give preference to Liberia goods and services whenever they are available at comparable quality, price and delivery schedule.
22. TRANSFER OF OWNERSHIP:
Under the new MDA, Mittal Steel does not have the right to transfer its equity to any non-related third party without the explicit authorization of the Government of Liberia. Under the old 2005 MDA, this was a one-sided restriction with only GOL not being allowed to transfer ownership without the other party’s consent.
23. LAWS OF GENERAL APPLICATION:
Finally, perhaps the greatest accomplishment of the revised MDA was the intent by the Government to begin to bring this concession agreement within the framework of a standardized agreement that conforms broadly to tax laws of general application rather than it being an ad-hoc, one-off, individual tax-regime that is subject to arbitrary negotiation each time a new investor comes into Liberia. For example just subjecting them to “Laws of General Application” means that Mittal will now pay all the normal Governmental Agency fees such as business registration fees, motor vehicle registration, work permits, visas, fire service inspection fees, police inspection fees, etc., etc. as opposed to special rates it had under the old MDA.
24. SOCIAL BENEFITS:
The language of all the social benefits such as housing, healthcare, education, water and sanitation was tightened so as to bring the concessionaire’s obligations up to ‘international standards” and “international best practices” as opposed to merely the standards of local Liberian laws and regulations.
25. FINANCIAL SUMMARY:
In my humble opinion, all of these changes will bring additional direct financial benefits of no less than $75 - $100 million to the Government and people of Liberia over the next 10 years.

For detail on this article email: bentol333@yahoo.com

Or call Dr. Richard V. Tolbert, Chairman NIC on this number: +231550560

Monday, June 18, 2007

TRIP TO BONG MINES PART TWO: Bong Mines Oldest Woman, 97 Wants Gov’t Prioritize Youth Empowerment










As the mining of scraps by the entire citizenry of Bong Mines, Lower Bong County intensifies due to the lack of job opportunities, a senior citizen, considered by residents of the area as grand ma is calling on the Liberian government to help create job opportunities for the youth of the area.

Madam Bendu Fahnbulleh who was born 1910 is considered in the area as the oldest woman was speaking in an exclusive interview with a team of GNN reporters over the weekend in Verney’s town, Bong Mines urged the Liberian government to help come to the rescue of hundreds of youths in the area who are unemployed.

“Grand Ma “as she is affectionately called, speaking through an interpreter said if the country is to maintain its stability and flourish to the better, its youths must be given the opportunity to stand on their own through employment.

A mother of seven children (3 girls and 4 boys) with several dozens of grand and great grand children said she was delighted to be interview by the GNN, adding, “this is my very first time to be interview by a reporter; recording my voice and writing”, beeping with a smile Madam Bendu stressed.

Advising the younger generation of Liberia, “Grand Ma Bendu” called on today’s young people, mostly young women to not move too fast for material things, “they must not rush behind worldly things, but rather be committed to one thing. God must always be their guidance,” she warned.

Madam Fahnbulleh who described the Liberian leader as one of her daughters cautioned Liberians to do away with what she called, “division and unite for the growth of the country.”

Tuesday, June 12, 2007

Rural Farmers Chase Out by Wide Animals, As Chimpanzees Invade Nimba, Elephants Take on Lofa



As rural dwellers in Liberia are seeking their livelihood through farming, wide animals including chimpanzees and elephants are said to be invading their farm lands, at some point taken away children.

Residents in Nimba County, specifically farmers who are constantly being victimized are calling on the Forestry Development Authority (FDA) to quickly move into their area to safe them from these dangerous animals.

The residents said chimpanzees on a daily basis attack them on their farms, making them to leave their farm abandoned, “we are in fear, because these animals are dangerous. One of them just last week killed a lady, Ma Zorley and her eight (8) months baby,” one of the ladies who was also beaten by one the chimpanzees in tears told our reporter at the Ganta Methodist Hospital.

As chimpanzees in Nimba continue to terrorize residents, another report emanating from Lofa County say elephants have allegedly invaded farms in that part of the country thus making local farmers to flee their farms for safely.

According to report from that northern part of the country, the situation is grave, saying if nothing is done by the Central Government to bring this to an end, farmers in these counties like Nimba and Lofa counties might experience severe hunger in the coming months.

Report say towns like Slaegar and Maleima are those major towns targeted by these wide animals; destroying farm crops and wounding farmers who persist to remain on their farms. As a result farmers in the area are said they can no longer go to their farms due the presence of these wide animals.

Speaking separately vie mobile phone to the GNN, both Superintendents of Nimba and Lofa Counties confirmed the information and said they were making an urgent “SOS” to the Central Government on the issue.

Sunday, June 10, 2007

ANOTHER LIBERIAN JOURNALIST IN THE U.S. GRADUATES WITH HONOR








Seven years ago, the name Moses D. Sandy was associated with objective and robust journalism in Liberia, West Africa. Because of dedicated and committed work, many Liberians including Mr. Sandy’s peers in the Liberian press corps adored him.
In the year 2000, Mr. Sandy’s active presence in the Liberian media came to a halt when he like most exiled Liberian journalists in fear of his life and personal well being fled Liberia and sought refuge in the United States. Since then he and his family have resided in Delaware.
Mr. Sandy recalled one of his admirers, Miss Fatu Browne, who now resides in, Minneapolis, Minnesota, “Was a principled and objective journalist in Liberia. The guy was tough but he did his job with humility.” He commenced his journalism career in 1989 as a cub reporter at the Ministry of Information Culture Affairs and Tourism (MICAT). In 1995, he joined the work force of the nation’s broadcast network, Liberia Broadcasting System (LBS) as a reporter. At LBS, after few years of training coupled with the acquiring of a Bachelor of Arts (BA) degree in Mass Communication with emphasis in broadcast journalism from the University of Liberia, Mr. Sandy gradually rose through the rank and file of the institution to the position of Editor-in-Chief, News and Public Affairs Department.
As Editor-in-Chief, many including his co-workers at LBS admired him for objectivity. Because of his objectivity, he on numerous occasions ran into trouble with some insiders of the former dictator Charles G. Taylor administration. On many occasions, he was labeled as “enemy of the government.”
On Thursday, May 17, 2007 after few years of dedicated schooling, Mr. Sandy was amongst more than six thousand students who received undergraduate, graduate, and other advanced degrees from Temple University based in Philadelphia. He earned a Master in Social Work (MSW) from the School of Social Administration.
“My decision to pursuit an advanced degree in Social Work was based on career change. Currently, I work with the Children’s Crisis Treatment Center’s (CcTC) West African Refugee Assistance Program-Tamaa in Philadelphia as Care Coordinator. From my work, I have seen the enormous acculturative issues, language and culture barriers, and punitive social policies that African immigrants including myself deal with routinely in this country,” noted Mr. Sandy when he spoke to a group of exiled Liberian journalists at his residence in Newcastle, Delaware.
“Our people, he maintained, need help in navigating the US social systems. They need help with advocacy, policies interpretations, and the accessibility of needed services. This is what I do for living, and I find gratification in helping people from the impoverished and underrepresented African immigrant community.”
Responding to a question on what he intends to do with his degree; the former LBS Editor-in-Chief noted, “ My degree is currently being utilized. I am a social worker serving African immigrant, refugee, and asylee children and families in Philadelphia. In the future, I intend to collaborate with other African social workers for the setting-up of social service programs that would serve exclusively African families and children. Our people in this country are in dire need of childcare, adult literacy, job skills development, and social service programs. And my colleagues and I have the education, experience, and the cultural competence needed for such ventures.”
Commenting on his academic journey at Temple, the soft-spoken Sandy claimed, “This was not an easy ride. It took tremendous amount of social and economic sacrifices to accomplish this mission. As a dad, community leader, and a full time employee, it was tough for my family and I. My wife and I for the past few years had no time for socialization. And sometimes I had to joggle with whether to do my school assignment or sit at the table with my kids to assist them with their take home assignments. Despite all of these challenges, I am happy to note that I earned my MSW with a Grade Point Average (GPA) of 3.8”
Meanwhile, the Chairman of Union of Liberian Associations in the Americas (ULAA), Mr. Anthony Kesselly has commended Mr. Sandy on his achievement. Speaking a graduation party tendered by the former LBS Editor-in-Chief and his family at their Newcastle, Delaware residence on Saturday, May 19, 2007, Mr. Kessely said, “Despite the many social and economic odds that immigrants contend with in this country, It pleases me to see Africans like Mr. Sandy succeed academically.”
Mr. Kesselly, also holds an MSW from Temple University. He urged Mr. Sandy and other Liberian social workers to use their education in championing the cause of the African community. “Let’s use our education to help our people in this country and on the African continent. The people need us and we can‘t let them down,” he advised.
Also speaking at the occasion, the Coordinator of the CcTC’s Tamaa Program, Mr. Kwame Asante lauded the graduate for the achievement. Mr. Asante said, “This is commendable and I ‘am happy that Moses was able to do this.” Graduate school, he claimed, “Is tough but with commitment and dedication you can do it.”
Mr. Asante is a career social worker with MSW from Temple and many years of working experience. He described Mr. Sandy as a dedicated and committed staff. Mr. Sandy is one of the two Liberian employees with CcTC’s Tamaa that graduated on with MSWs on May 17th. The other graduate is, Mrs. Claudia Spiller-Jargbah. Mrs. Jargbah is Tamaa’s Lead Care Coordinator.
Mr. Sandy is the former Assistant Secretary General of the disbanded Association of Liberian Journalists in the Americas (ALJA). He is also the current Acting Chairman of the Liberian Association in Delaware.
The May 19th graduation party was attended by scores of Liberians, relatives, friends, and well wishers.

Saturday, June 9, 2007

Following the Lifting of Ban on Mineral Activities, Liberian Gov’t Commissions Hugh Diamond Sampling Plant in Western Liberia




SEVERAL PHOTOS WERE TAKEN DURING THE CEREMONY; MANY WERE HAPPY AS THEY DANCED TO THE TONE OF TRADITIONAL SONGS

Following the lifting of Sanctions on Mining activities in the Country by the United Nations Security Council, the Ministry of Lands, Mines and Energy Friday officially commissioned a modern diamond sampling plant in the mining town of Weasua, Gbarpolu County.

Prior to the Commissioning of the sampling plant by the acting Minister of Lands, Mines and Energy, Hon. E.C.B. Jones also urged the citizens to tell their legislators to get involve in the process, saying, “you need to take control of the project and make it yours,” Minister Jones told the Weasua citizens.

During the ceremony hundreds of citizens, including chiefs, elders and local County officials in separate remarks praised the management of both the Mano River Resources, a London based Company and Transhex Group of South Africa for bringing life into their county.

The citizens in their jubilant mood, dancing to the tone of their traditional songs and cultural performances during the occasion, said they were happy for the reactivation of the mining town of Weasua to resume mining activities.

Expressing her feelings during the ceremony, Ms. Massa Gbono one of the daughters of the founder of Weasua, the late Old Man Gbono, called on the people of Gbarpolu to join hands with the investors for the growth and development of their county, adding, “we say big think you to the company ( Mano River Resources and Transhex ) for coming to our rescue. Our children and husband will now have jobs to feel us”, Ms. Gbono in her late 40s speaking to the GNN said.

Also expressing gratitude to both companies, the Clan Chief of the area, Momo Geba said he was happy to grace the occasion and urged the Gbarpolu County Legislative Caucus to lend their moral support to the company.

“We want to call on our people in Monrovia to also give their support to this company; we have suffered too long for jobs. The coming of this company in Weasua, I believe will help our children to find job”, Claim Chief with a serious look told the company.

Also speaking at the ceremony, former Deputy Minister of Lands, Mines and Energy, Mulbah Willie thanked both the management of Mano River Resources, Transhex and the people of Weasua for haven worked hard for the progress made thus far.

Former Minister Willie informed the gathering how in 1998 he was very instrumental to for an agreement to be signed for Mano River Resources to venture into Weasua for the sole purpose of looking for diamond, adding, “I am very proud today that I did something very good which made us to reach this far”, Mr. Willie who is the Chief Executive Office of a local engineering company stressed.

He urged the citizens of Weasua to pray hard so that the establishment of this company in their area would yell what he called “a fruitful result” for all of them to enjoy.

For his part the Deputy Minister for Mines at the Ministry, and also responsible for Kimberlite, Hon. A. Kpadell Fayah addressing the gathering warned those involve in illicy mining to desist, stressing, “if you are caught you will face the full weight of the law”.

Given an overview of the project the Company, the Project Manager, Mr. Philip Le Roux
Said the company which currently has in its employ 75 Liberians and 10 expatriates has spent over US$5.7 Million since its commencement.

He said up to date the company has not reap any source of income, adding, “our mission is to explore for diamonds using state of the art tools and principles for the benefit of the company’s shareholders, the employees, the nation and the local community in which we operate. Operating in an environmental friendly manner,” Mr. Roux stressed.

Despite the absence of the County’s Superintendent and members of the legislative caucus, citizens and elders during the program were excited happy of the step taken by both Mano River Resources and Transhex to commission its sampling plant.







The Commissioned Plant Being Viewed

LIBERIANS MUST LEARN TO APPRECIATE INVESTORS - THE CASE OF MANO RIVER RESOURCES





ABOVE PHOTOS SHOW SOME OF THE ILLEGAL MININERS CHEATING GOVERNMNET OF NEEDED CASH INTAKE, ONE OF THEM ACCORDING TO OUR SOURCES, IS BUKU-MAN THE PHOTO ABOVE OF TEXAS INTERNATIONAL
As President Ellen Johnson Sirleaf tirelessly swings around the globe to seek for more support in order to fill the gap for Liberia’s reconstruction, the country’s foreign Partner-In-progress be encouraged by Liberians as they strive to invest in Liberia.
Liberia, a country coming out of nearly fifteen years of devastated civil war, with all of its infrastructural completely destroyed, including its human resource capacity is urgently seeking for assistance from all sectors of life in order for its citizens to jump-start their livelihood through the provision of job opportunities.
Thousands of Liberian job seekers are on a daily basis hunting for job opportunities a “safe belt” for the restarting of their livelihood to keep their families o to help restore their family dignity. who is sleeplessly hunting for credible investors for the speedy restoration of the dignity of jobless Liberians, a student of the University of Liberia and also citizen of Grand Cape Mount County, Faiweh A. Sherman is commending the Mano River Resources for its drive to adequately reduce the high rate of unemployment in the county through the identification of the county’s hidden mineral deposits through a systematic and scientific approach.
Speaking to the GNN in Monrovia yesterday, Mr. Sherman who also condemned recent media reports that certain group was pushing forward a petition at the House of Representatives to request the pull out of Mano River Resources from their county.
He said the allegation leveled against Mano River Resources, one of the pioneering mineral exploration companies in that part of the country by this group, has done nothing to bring about meaningful development in that county, and no iota of truth.
Speaking further he said, such statement should not be taken seriously by the vast majority of the people of Grand Cape Mount County.
in a serious and regrettable tone, Mr. Sherman said Liberians should learn to appreciate the effort of foreign investors, like in the case of Mano River Resources has over the past years worked hard through its exploration programs, to identify economy mineral.
These discoveries will in the long run bring smiles on the faces of the locals and the Cape Mountaineers themselves in general.
“Today a small group of people are persecuting Mano River Resources, because another “so-called Savior” has appeared, and putting more grease to their elbows in order to sing and dance to the tone of the “Johnny Just Come” newest investor,” Sherman with a serious look stressed.
The rhetorical question, one of those who spoke to the GNN also asked in a serious tone, “Who is this So- Called new investor who has brought in heavy machineries and has began extracting our minerals from the ground without taking into account the environmental impact?”
Recently a small group of people from the county a news conference in Monrovia that a petition to drive Mano River Resources from their County was in the making because, according to him it has failed to deliver positively, promises made to them.
He accused the company of engaging in diamond and gold exploitation instead of exploration, “thereby collecting bulk of the county’s mineral resources, but yet refused to provide those basic infrastructures such as roads, schools, health centers among others.
The Ministry of Lands, Mines and Energy should be in the position to establish the fact here.

Thursday, June 7, 2007

Digital Media Conference Takes Four Top Liberian Editors to South Africa


Liberian Journalists attending the conference include, Managing Editor of the NEW VISION Newspaper, Josephus Moses Gray; Augustus Fallah, Chairperson, Liberia Editors Association; Robert Kpadeh , Publisher/Secretary General Publishers Association Of Liberia and Crispin Tulay, Program Officer/Senior Staff Writer Newspaper In Education Liberia.



Four top senior Liberian Newspaper Editors are in the South African city of Cape Town, attending the 60th World Newspaper Congress and 14th World Editors Forum, which brings together 1,600 senior editors, managers, executives and stakeholders.
The participants represent 105 countries from the seven continents while the Congress and Forum bring together each year publishers, editors, chief executives and managers from all levels of the newspaper industry.

The four Liberian editors include the Managing Editor of the NEW VISION Newspaper, Josephus Moses Gray; Augustus Fallah, Chairperson, Liberia Editors Association; Robert Kpadeh , Publisher/Secretary General Publishers Association Of Liberia and Crispin Tulay, Program Officer/Senior Staff Writer Newspaper In Education Liberia.

The theme of the 60th World Newspaper Congress is ‘Shaping the Future of the Newspaper’ and the theme of the 14th World Editors Forum is ‘Quality Journalism in the Digital Age’. The Congress and Forum bring together each year publishers, editors, chief executives and managers from all levels of the newspaper industry.

The Forum is organized by the World Editors Forum, the organization for editors-in-chief within the World Association of Newspapers, which organizes the Congress. Events from the Congress and the Forum are held separately in Cape Town but members are free to attend any events from both conferences.

A diverse series of roundtable seminars take place this week and features Bill Keller, the Executive Editor of The New York Times, Olav Mugass, the CEO of Aftenposten in Norway while a host of other newspaper leaders who are attending the World Newspaper Congress, World Editors Forum and Info Services Expo, will be present for the events.

The roundtables -- on digital media, press freedom and young reader strategies -- are a regular feature of the eve of the Congress, Forum and Expo, the annual meetings of the world’s press organised by the World Association of Newspapers.

The conference which formally opened on Monday, June 4 at the Cape Town National Conference Center, with a Chinese journalist serving a 10-year prison sentence for revealing his government’s orders to newspapers to censor their reporting of the Tiananmen Square massacre anniversary, has been awarded the 2007 Golden Pen of Freedom, the annual press freedom prize from the World Association of Newspapers.

The award to Shi Tao, who was imprisoned after the American search engine company Yahoo provided information to the Chinese authorities that led to his arrest, was made today, 4 June, the 18th anniversary of the massacre."Even today, most Chinese know nothing about what happened that day. The Communist regime continues to prevent the Chinese media from talking and writing about it openly and honestly and will go to great lengths to silence any such revelations and to severely punish those who make them," said George Brock, President of the World Editors Forum, who presented the award.

"Shi Tao, whom we are honouring here today, has learned this to his own great cost. He revealed what the state did not want known and he pays the price in prison today," he said.The award was accepted by the mother of the jailed journalist, Gao Qinsheng, who said her son was "a direct victim of the shackles of press freedom."

The Golden Pen Award "proves that my son is indeed innocent. He has only done what a courageous journalist should do. That is why he has got the support and the sympathy from his colleagues all over the world, who uphold justice, the colleagues who have been concerned about Shi Tao who has lost his freedom, been locked up in prison," she said. The Golden Pen Award was presented Monday during the opening ceremonies of the World Newspaper Congress and World Editors Forum, the global meetings of the world’s press, which drew more than 1,600 newspaper executives and editors from 105 countries to Cape Town, South Africa.

WAN also announced a campaign to win the release of Mr Shi and dozens of other journalists and cyber-dissidents in Chinese jails, to keep the cases in the forefront of news coverage in the run-up to the Beijing Olympics next year.

Mr Shi is serving a 10-year sentence on charges of "leaking state secrets" for writing an e-mail about media restrictions in the run-up to the 15th anniversary of the Tiananmen Square massacre in 2004. The e-mail was picked up by several overseas internet portals -- and also by Chinese authorities, with the assistance of Yahoo. The internet service provider gave state security authorities information that allowed them to trace the message to a computer he used at the newspaper where he worked, the Dangdai Shang Bao (Contemporary Business News).

"How the Chinese authorities traced this e-mail, and discovered that Shi Tao was the author, is a cautionary tale with widespread implications for on-line privacy, and for the way that western communications companies do business in their understandably difficult dealings with repressive regimes," said Mr Brock.

"While those who do business around the globe must often deal with non-democratic countries, we believe that new media companies that provide more and more of the means for global communications have a special responsibility" he said. "They have an obligation to ensure that the basic human rights of their users will be protected, and they must carefully guard against becoming accomplices in repression."

Mr Shi distributed information that had been sent to his newspaper by the Chinese authorities, warning journalists of the dangers of "social destabilisation" and risks linked to the return of certain dissidents to China for the commemoration of the massacre, in which democracy supporters, mostly students, were brutally gunned down by Chinese troops on 4 June 1989.

Mr Shi, a poet as well as a journalist, had published numerous essays and political problems relating to social problems in China on pro-democracy web sites. He worked as a reporter, editor and division director at several newspapers, joining the Contemporary Business News in 2004 as an editorial director and assistant to its Chief Editor. He resigned from the paper in May 2004 to become a free-lance journalist and was arrested six months later.

He is one of dozens of journalists and cyber-dissidents in prison in China, the world’s largest jailer of journalists.The award to Shi Tao has already provoked the ire of the Chinese authorities. The official China Newspaper Association has demanded the award be withdraw because a Chinese court "handled the case according to law and made the appropriate sentence" and that China’s constitution protects press freedom.

"We are not impressed by this argument," said Mr Brock. "If the law makes it possible to send a journalist to jail in such a case, the law should be abolished immediately since it contradicts every conceivable international standard and convention on freedom of information and human rights.

"As for the claim that the Chinese constitution protects freedom of speech, this guarantee is nothing more than a mere fiction. Such freedoms simply do not exist in China. Indeed, if they did, Shi Tao would not be in prison today, nor would dozens of other journalists."

WAN, the global association of the newspaper industry, has awarded the Golden Pen annually since 1961. Past winners include Argentina’s Jacobo Timerman (1980), South Africa’s Anthony Head (1986), China’s Dai Qing (1992), Vietnam’s Doan Viet Hoat of Vietnam (1998), Zimbabwe’s Geoffrey Nyarota (2002), and Sudan’s Mahjoub Mohamed Salih (2005). Last year’s winner was Akbar Ganji of Iran.

The Paris-based WAN, the global organisation for the newspaper industry, defends and promotes press freedom world-wide. It represents 18,000 newspapers; its membership includes 77 national newspaper associations, newspaper companies and individual newspaper executives in 102 countries, 12 news agencies and 10 regional and world-wide press groups. Meanwhile, the absence of press freedom in many African nations is inhibiting development on the continent and depriving millions of Africans of their rights, the President of the World Association of Newspapers said Monday.

"In dozens of African nations, political transformation has been deeply flawed, if not stillborn, because of the failure to secure one of the absolutely fundamental conditions for full, living democracy and pluralism - I’m talking, of course, about freedom of the press, which continues to be violated on a daily basis across the length and breadth of this continent," said Gavin O’Reilly at the opening of the 60th World Newspaper Congress and 14th World Editors Forum in Cape Town, South Africa.

"This freedom, whose defence and promotion was set by the founding fathers of WAN as our first and over-riding mission, is not only a human right to which every African man and woman is entitled, but a pre-condition for the establishment of good governance and durable economic, political, social and cultural development," he said.

"It is also, I would contend, a powerful tool in the fight against corruption, famine, poverty, violent conflict, disease and lack of education - afflictions of which African people’s have much more than their fair share."

Addressing more than 1,600 senior newspaper executives from 109 countries, in the presence of South African President Thabo Mbeki, officials of the African Union, foreign ambassadors and nearly 400 African newspaper professionals from 43 countries, Mr O’Reilly said: "The daily persecution and harassment of the free press must cease. But press freedom must also be much higher on the agenda of African development proposals and programmes."

"This gives me the opportunity to pay homage to the men and women of the press in Africa and to express our deep admiration for their treasures of imagination, courage and resilience, that they demonstrate on a daily basis to bring out their publications, often under very difficult conditions, and so play their role in keeping democratic debate alive," he said.

It is the first time that WAN has organised the annual meetings of the world’s press in Africa, though the organisation has held numerous other events on the continent. It marked the occasion with the Declaration of Table Mountain, which calls on African states to recognize the indivisibility of press freedom and to respect their commitments to international and African protocols upholding this freedom and independence.

Mr O’Reilly noted that the text calls for the elimination of criminal defamation and "insult" laws, which outlaw criticism of politicians and those in authority. He called the laws "the greatest durable scourge of press freedom in Africa." Besides, Leaders of the world’s press, meeting in South Africa this week, have called on African governments "as a matter of urgency" to abolish all laws that restrict press freedom, and have pledged to increase "aggressive and persistent campaigning against press freedom violations and restrictions in Africa."

The Declaration of Table Mountain, approved on the eve of the World Newspaper Congress and World Editors Forum in Cape Town, calls on African governments to release jailed journalist, abolish draconian press laws and recognise the importance of press freedom for economic, political and social development.

"In country after country, the African press is crippled by a panoply of repressive measures, from jailing and persecution of journalists to the widespread scourge of ’insult’ laws and criminal defamation which are used, ruthlessly, by governments to prevent critical appraisal of their performances and to deprive the public from information about their misdemeanours," said the declaration. More than 1,600 newspaper publishers, chief editors, managing directors and other senior newspaper executives and their guests from 105 countries are meeting in Cape Town through Wednesday at the World Newspaper Congress and World Editors Forum, the global meetings of the world’s press organised by the World Association of Newspapers.

The Declaration of Table Mountain, named for the prominent landmark overlooking Cape Town, was endorsed by the boards of the Paris-based WAN and the WEF, which represent 18,000 newspapers world-wide.

The declaration: calls for African governments to abolish insult laws and all other laws that restrict press freedom "as a matter of urgency." calls for the immediate release of all jailed journalists and the return of journalists who have been forced into exile; condemns the repression of African media by censorship and "the use of other devices such as levying import duties on newsprint and printing materials and withholding advertising."

Also calls on governments to promote "the highest standards of press freedom" and to provide constitutional guarantees of freedom of the press; calls on the African Union immediately to include press freedom and independent media in the criteria for "good governance" in the African Peer Review Mechanism; calls on international institutions to promote progress in press freedom in Africa through such steps as assisting newspapers in legal defence, skills development and access to capital and equipment.

"WAN and WEF make this declaration from Table Mountain at the southern tip of Africa in an earnest appeal to all Africans to recognise that the political and economic progress they seek flourishes in a climate of freedom and where the press is free and independent of governmental, political or economic control."

The Declaration will be presented to UN Secretary General Ban Ki-Moon with the request that it be presented to the General Assembly, to UNESCO Director-General Koïchiro Matsuura, with a request that it be placed before the General Conference, and to African Union Commission Chairperson Alpha Oumar Konare with a request that it be distributed to all members of the AU and endorsed by the organisation at its next summit meetings of heads of state.

The Paris-based WAN, the global organisation for the newspaper industry, defends and promotes press freedom world-wide. It represents 18,000 newspapers; its membership includes 77 national newspaper associations, newspaper companies and individual newspaper executives in 102 countries, 12 news agencies and 10 regional and world-wide press groups.

Newspaper circulations world-wide rose 2.3 percent in 2006 while newspaper advertising revenues showed substantial gains, the World Association of Newspapers announced today (Monday).

WAN said global newspaper sales were up +2.3 percent over the year, and had increased +9.48 percent over the past five years. Newspaper sales increased year-on-year in Asia, Europe, Africa, South America, with North America the sole continent to register a decline.

When free dailies are added to the paid newspaper circulation, global circulation increased +4.61 percent last year, and +14.76 percent over the past five years. Free dailies now account for nearly 8 percent percent of all global newspaper circulation and 31.94 percent in Europe alone.

Advertising revenues in paid dailies were up +3.77 percent last year from a year earlier, and up +15.77 percent over five years, WAN said. No figures were available for free daily advertising revenues.

"Newspapers in developing markets continue to increase circulation by leaps and bounds, and in mature markets are showing remarkable resilience against the onslaught of digital media. Even in many developed nations the industry is maintaining or even increasing sales," said Timothy Balding, Chief Executive Officer of the Paris-based WAN . "At the same time, newspapers are exploiting to the full all the new opportunities provided by the digital distribution channels to increase their audiences.

"As the digital tide gathers strength, it is remarkable that the press in print continues to be the media of preference for the majority of readers who want to remain informed."

Mr Balding added: "These results are even better than we expected from provisional data available a few months ago. .Once again we can see that far from being an industry in decline, as the ill-informed and short-sighted continue to contend, newspapers are alive and well and exhibiting enormous innovation and energy to maintain their place as the news media of preference for hundreds of millions of people daily".

The new data, from WAN’s annual survey of world press trends, was released to more than 1,600 publishers, editors and other senior newspaper executives from 109 countries attending the 60th World Newspaper Congress and 14th World Editors Forum in Cape Town, South Africa. The main figures showed that global circulations and advertising revenues are increasing world-wide. In addition, the free daily market is giving renewed impetus to newspaper reading, and newspaper web traffic continues high growth.



Wednesday, June 6, 2007

Spanish Gov't Gives 20 Buses to Liberia

Barely a day after science students of the highest institution of learning in the country, the University of Liberia staged a one protest action in demand of buses to take them on their science college campus in Fendell, outside the campus, the Spanish Government today pledged 12 buses to help ease the country’s transport problem.

The pledge was made today by outgoing Spanish Ambassador to Liberia, Francisco Tejada, during a farewell visit to the Liberian leader, President Ellen Johnson Sirleaf.

During his visit, Ambassador Tejada said the Spanish private sector and the Municipality of Barcelona are donating the buses in order to help the Liberian Government address the country’s transport problem.

Yesterday regular academic activities at the State owned University came to a halt yesterday after hundreds of students protested in demand of normal transportation facilities in order to allow them to attend classes on time at the Fendell campus.

The Fendell campus is an extended facility of the University of Liberia which is about 22 miles outside Monrovia mainly for students specializing in Science, Technology and Agriculture and Forestry.

The main campus of the University of Liberia where the student protest was launched is located directly opposite the Ministry of Foreign Affairs where the Liberian President is temporarily sitting and steering the affairs of the nation.

Following brief meeting with the Liberian leader, the protestors, according to Liberian Information Minister, Lawrence Bropleh announced the availability of additional buses to transport the student from the main campus of the University to the Fendell campus.

In U.S. V.P Boakai Urges More Investors To Come to Liberia


PROVIDENCE — Liberia is literally turning on its lights, restoring power and water and repairing infrastructure destroyed by prolonged civil war. But the country still desperately needs help as it works toward a peaceful, productive future, its vice president said yesterday.
Vice President Joseph N. Boakai said that includes training a new work force, rebuilding schools, hospitals and banks, and harnessing the county’s rich natural resources that became the spoils of war.
During a national tour of Liberian diaspora communities that include Rhode Island, Boakai said his homeland is seeking private investment, such as a $1-billion agreement forged in 2005 with Mittal Steel for mining iron ore.
Training and education of the country’s youthful majority is also a major focus. And, said Boakai, one key will be to provide salaries that will draw people “from more comfortable circumstances” in other countries.
Liberia's Vice President -J. N. Boikai
“We need everything,” said Boakai. “We need vocational training. We have to train our young people — we need auto mechanics, electricians, nurses, doctors.” Future efforts will include development of tourism and high-tech industry, Boakai said.
Boakai visited Rhode Island during his tour of Liberian diaspora communities across the country. Rhode Island’s estimated 15,000 Liberians constitute the country’s largest Liberian population per capita.
The Liberian Community Association of Rhode Island, headed by Mator M.F. Kpangbai, hosted Boakai’s visit. It included his news conference at the Urban League of Rhode Island, after which he was scheduled to meet with Governor Carcieri and Providence Mayor David N. Cicilline, among others.
At the Urban League, Boakai expressed hope that Liberia will continue to work free of corruption that previously formed “the bedrock of our society,” and maintain the fragile peace established after the decades-long war ended in 2003.
He praised President Ellen Johnson Sirleaf, the first female president in any African country, who ran on an anti-corruption platform. Johnson Sirleaf’s 2006 visit to Rhode Island drew thousands of people who cheered her speech on the steps of Providence City Hall.
“She is a great, great lady,” said Boakai.
He also expressed faith that the United States will continue offering temporary protected status to Liberians here who have been extended that status since they fled the civil war. Although some Liberians are returning, Boakai said the war’s devastation makes it impossible, for now, to support a wholesale return.
“We want to appeal to Americans to exercise patience. If you send [Liberians] back home, we don’t have anything for them to do,” he said.
And, he said, he has encouraged the peace and reconciliation process headed by a special committee.
“If and wherever there’s been corruption … if somebody’s been doing something wrong, we will prosecute anybody. We will not leave anyone out.”
As Boakai prepared to leave for his meetings with Cicilline and Carcieri, the audience of several dozen people was asked to observe protocol as the vice president made his exit.
“Do we get to shake his hand, man?” asked one man in the crowd, drawing laughs.
Boakai ignored his pressing schedule, and shook hands with everyone in the room.

Source: Rhode Island news

Tuesday, June 5, 2007

Charles Taylor Trial, Prosecution Opening Statement


The war crimes trial of former Liberian President Charles Taylor has opened amid dramatic scenes in The Hague, with the accused refusing to attend.

Charles Taylor Trial, Prosecution Opening Statement
PROSECUTION VS. CHARLES GANKAY TAYLOR
PROSECUTION OPENING STATEMENT
Stephen Rapp, The Prosecutor
Mohamed Bangura, Trial Attorney
PART 1: GLOBAL OVER VIEW
MR. RAPP
A. INTRODUCTION
Your Honours, I rise to begin the Opening Statement of the Prosecution of its cases against the Accused. I will be joined in this presentation by my learned colleague, Trial Attorney Mohamed Bangura. In my part, I will provide a general outline of our case, stating what we believe the evidence with show about the pattern of conduct for which we allege the Accused is responsible, and to explain how that alleged conduct was criminal under our Statute as charged in the Second Amended Indictment.
In rising I first want to state my appreciation to our hosts the International Criminal Court, and the Government and people of the Netherlands. I ask want to recognize all of those who have worked at the Special Court, both at the present and in the past, to bring us to this historic day. In that regard, I would like to take special note of the presence today in the gallery, of the first Registrar, Robin Vincent, and my predecessors as Prosecutors, David Crane, and Sir Desmond de Silva.
During the trial, we will seek at all times to ensure that it embodies the fundamental principles of fairness, due process and justice that, along with the other trials at the Special Court and help ensure a future respect for law and the maintenance of a just, peaceful and safe society. We acknowledge at the outset of this important judicial exercise the responsibility of the Prosecution to bear the burden of proving the charges against the Accused in our Indictment beyond a reasonable doubt.
What my learned colleague, Mr. Bangura, and myself will say in this Opening is not evidence. Rather, it is an introduction of the evidence which we will lead against the Accused and, therefore, which will eventually be weighed by your Honours in your final deliberations. If there is a conflict between what is said here today and what is admitted into evidence, it is of course that evidence you will exclusively consider.
As Your Honours are well aware, this Special Court has jurisdiction over crimes committed after 30 November 1996, and because many of these were war crimes, we have generally limited our focus to the period before 18 January 2002, when Sierra Leone President Kabbah declared the war to be at an end. However, there are events outside this timeframe that must be described in order to understand the suffering visited on the people of Sierra Leone during this period.
It is because we are seeking justice for the people of Sierra Leone that we are here today.
How are we to grasp what happened in Sierra Leone? The world knows part of the story. A small West African nation on the Atlantic Ocean. From it in the late 1990s came images in the media of some of the ugliest scenes of viciousness in recent memory. Human beings, young and old multilated, rebels chopping off arms and legs, and gauging out eyes; girls and women enslaved and sexually violated. Children carrying out some of the worst crimes. The exploitation of the resources of Sierra Leone to kill and maim and its citizens. The very worst that human beings are capable of doing to one another
For those not there it almost impossible to comprehend the horrors suffered by the people of the country.
How did this happen?
Sierra Leone has not been without its problems, and by the early 1990s its citizens had grievances against the government in place. But it also had many successes, and was a land of near constant peace… Its capital, Freetown, where the seat of this Court is based, was named for the freed slaves who settled it. It was the site of the first English speaking university in Africa, established almost two centuries ago. The city would come to be described by domestic and foreign observers alike as “the Athens of Africa.” There was not a history of ethnic hatred or religious conflict. There were not the ancient rivalries that one often sees where great atrocities have been committed.One of our early witnesses, who saw hundreds of victims will offer evidence of his observations, as contained in his statements disclosed to the defence that there had been no animosity between any of group of Sierra Leoneans, be it tribes, be it religious groups, there had been nothing. There was not a war between these groups, but terror rained down on the people of Sierra Leone.
How does one thus understand this rain of terror?
The defence has provided a pre-trial brief asserting the non-involvement of the Accused, best summed up by learned counsel in the public quotation of line from Shakespeare’s Julius Caesar “The fault lies not in the stars, but in ourselves.” From his explanation it is clear that the Accused is a star without fault. The ourselves who bear the blame and the true responsibility for the horrors visited upon the people of Sierra Leone? Apparently, Sierra Leone itself. The savagery experienced was part of a national predisposition that was there all along, dormant for so many years, then set off without any external catalyst. In short, Sierra Leone has only itself to blame.
That is not view of the Prosecution, and it is not what the evidence will show.
The witnesses that we will call and the documents that we will present will prove that the Accused is responsible for the development and execution of a plan that caused the death and destruction in Sierra Leone. The plan, formulated by the Accused and others, was to take over political and physical control of Sierra Leone in order to exploit its abundant natural resources and to establish a friendly or subordinate government there to facilitate this exploitation.
Your Honours will hear in this address that within this overall plan, there were sub-plans, strategies, operations ….
The parties engaged in a multitude of activities designed to fulfil the overall plan.
The Accused’s involvement in the crimes alleged in the Indictment took a variety of forms - planning, instigating, ordering, committing, aiding and abetting in the commission of the alleged crimes, and otherwise participating in the execution of a common plan, design or purpose. Additionally, we allege that he is responsible because persons under his effective control committed the crimes, for which he had knowledge or reason to know, and he failed to prevent or punish their conduct.
The Accused stands indicted for eleven crimes under the statute of the SCSL.
Counts in Second Amended Indictment number eleven:
five counts of crimes against humanity - those being murder, rape, sexual slavery, enslavement, and inhumane acts against the civilian population of SL. five counts of war crimes - those being terrorising the civilian population of SL, violence to live - in particular murder and cruel treatment, outrages upon personal dignity and pillage (looting of civilian property), and
one count of other serious violations of international humanitarian law - being the conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities. The Prosecution alleges that these crimes occurred in Sierra Leone between 30 November 1996 and 18 January 2002.
It is in fact one over-arching crime, a campaign of terror, itself a war crime, but also committed through violent acts that are in this context also crimes. These component crimes acts included killing, physical violence such as mutilations, sexual assaults such as rape, sexual slavery and other outrages, enslavement of forced labour, the recruitment and combat use of children, the burning that killed and maimed human beings, and together with looting and pillage that, in many cases, deprived them of all that they had built.
As we will explain in greater detail, they are crimes against international humanitarian law, as enshrined in our Statute, because of connection to armed conflict and because they were committed as part of a widespread or systematic attack against a civilian population.
This common plan amounted to or involved the commission of the crimes alleged in the Amended Indictment.
From its inception, the Accused and other participants in the common plan used criminal means to achieve and hold political power and physical control over the civilian population of Sierra Leone. These criminal means involved the campaign of terror waged against the civilian population of Sierra Leone that I have described.
The crimes identified in the indictment were within the objective of the common criminal plan or were natural and foreseeable consequences of it. As one of the members of the common criminal plan, the Accused was fully aware of the horrific consequences that its implementation would visit on the civilian population of Sierra Leone, did nothing to prevent or punish these crimes and indeed continued to act in ways that caused or aided their commission.
B. BRIEF INTRODUCTION TO SIERRA LEONE AND THE REGION
It is important to note that Sierra Leone is located in a region where borders exist only on paper. These lines were drawn during the colonial period, and do not follow ethnic or linguistic groups. Many in up-country border areas have closer relations to people across the borders than to those in their capital cities.
Sierra Leone is divided into 12 districts, plus the Western Area that includes the capital Freetown.
Liberia is divided into 15 counties, and its capital Monrovia.
Our Amended Indictment focuses on six district or areas in Sierra Leone,
Its diamond resources are found in Kono and Kenema Districts.
Kono District – Koidu, Tombudu, Yengema
Kenema District – Tongo Fields (Cyborg Pit)
Kailahun District will be an important focus of our evidence because it was long-term corridor between Sierra Leone and and Lofa County in Liberia.
Now I will turn to the evidence we intend to present in support of our case.
C. HISTORY - COMMON PLAN AND NATURE OF THE ACCUSED PARTICIPATION
To fully understand the crimes that are described in the indictment and the central role that the Accused had in the commission of them, it's important to look at the history and understand the major political events that led to the campaign of terror against the civilian population of Sierra Leone.
The jurisdiction of this court is limited by the Statute of the Court to crimes committed in the territory of Sierra Leone since 30 November 1996. The crimes charged in this indictment were indeed committed between that date and the end of the Sierra Leone war on 18 January 2002. However, the planning and preparation of these crimes began long before 1996 and critical acts which furthered the plan and led to the crimes often occurred far from the borders of Sierra Leone. The evidence will show that the Accused’s plan to control territory of Sierra Leone through a campaign of terror began at least in 1991 when forces supported by Charles Taylor including many of his own Liberian NPFL soldiers first invaded the territory of Sierra Leone.
To understand the Accused’s motivation and his links to other members of the common plan and the Revolutionary United Front (RUF) rebels and their Armed Forces Revolutionary Council (AFRC) allies, one must examine evidence going back to this period and further understand the international context in which the Accused’s intervention in Sierra Leone took place. It is necessary to understand the Accused’s own rise to power in Liberia and the ends to which he was prepared to go to achieve same, his links to allies in the region, and why he saw others as obstacles to his rule. One cannot fully understand the Accused’s ability to influence and control forces in Sierra Leone without some understanding of the uniquely personal nature of the accused leadership of his armed forces, political party and government. That relationship often went far outside the de jure chain of command and ensured that these subordinates understood that the Accused had the power and will to reward those that assisted his plans and punish or destroy those that displeased him. By the time the crimes charged in this indictment took place, the Accused had well established relationships with those on the ground in Sierra Leone who carried out the crimes. The RUF and its allies in Sierra Leone were clearly dependant on the accused and the individual commanders understood his power to reward or punish each of them.
Moreover, many of the crimes committed by the rebel forces supported by the Accused in Sierra Leone mirrored crimes that had been committed by the Accused’s forces in Liberia. The RUF trained and learnt war and methods of guerilla warfare in Liberia with Taylor’s NPFL. An example is the recruitment of child soldiers. The rebel forces in Sierra Leone carried out wide-scale recruitment of children, as was done by the NPFL in Liberia and organized and utilized these children in their military campaign against the civilian population of Sierra Leone in the same manner they were organized and utilized in Liberia. The most obvious proof that the crimes committed by the RUF and allied forces in Sierra Leone were foreseeable is the fact that very similar crimes were carried out by the NPFL in Liberia..
Further, the Prosecution submits it will be essential for this court to examine evidence of the Accused’s actions after the indictment period. The Prosecution will seek to introduce evidence of post-offence conduct, in particular, the murders of men who were in the Accused’s inner circle and who were aware of the crimes perpetrated by the Accused. The evidence will show that these men were eliminated so as to not to expose the Accused, which is behaviour going to the accused’s consciousness of his criminal responsibility for the crimes in Sierra Leone that come under the jurisdiction of this Court.
Of course, the Accused did not participate in this common plan alone. He was a major figure who worked closely and in concert with others in both Liberia and Sierra Leone to achieve the objectives of the enterprise.
In Liberia, the Accused’s key subordinates who were directly involved in the conflict in Sierra Leone for the relevant period were:
BENJAMIN YEATEN AKA “50” OR “GENERAL 50”
Benjamin Yeaten aka “50”- was the right hand man of the Accused. The only man Yeaten took orders from was the Accused - no one else. This man, the Director of the Liberian Special Security Service, was also the principal liaison officer between and Accused and his forces in Sierra Leone and the Accused, at the very centre of every single aspect of Liberia’s involvement in the Sierra Leonean conflict.
(Another Liberian): IBRAHIM BAH AKA GENERAL IBRAHIM AKA “BALDE”Ibrahim Bah – this man, a Senegalese, from Cassamance, was part of the Accused’s trusted inner circle. While he had no formal title, he played a central role in directly setting up most of the arms and diamonds transactions for the Accused involving Sierra Leone.
DANIEL TAMBA AKA “JUNGLE”
Daniel Tamba aka “Jungle”- the bodyguard of Yeaten and main liaison officer between those on the ground in Sierra Leone and Yeaten from 1997 onwards. Jungle was instrumental in the delivery of arms and ammunition to Sierra Leone and also the main provider of reports direct from Sierra Leone to the Accused and Yeaten. Jungle’s relationship with the RUF was based on links forged on the ground in Sierra Leone with many of the RUF prior to 1997. The evidence will show that he is one of the individuals murdered in 2003 to prevent his turning against and exposing the Accused
MUSA SESAY AKA MUSA CISSE
Musa Sesay – the Accused’s Chief of Protocol – instrumental in setting up arms deals for Liberia and Sierra Leone. Was involved in important meetings with RUF commanders.
Other Liberians who were under the direct command and control of the Accused and whose names will feature prominently in supplying arms to Sierra Leone or in using the RUF forces in Liberia’s own civil war, were:
SAMPSON WEAH
A member of the Liberian SSS bodyguard of Yeaten.
CHRISTOPHER VARMOH AKA “LIBERIAN MOSQUITO”,
JOE TUAH,
DUOPO MERKAZON, and
ROLAND DUOH
– all commanders in first circle of the military forces of the Accused.
CHUCKIE TAYLOR
Charles Taylor (son of the Accused) - first commander of the ATu in 1998.
From the Sierra Leone side, the senior leaders who operated under the Accused’s effective control and who were, in effect, his Sierra Leonean subordinates:
FODAY SANKOH
Foday Sankoh –founder and leader of the Revolutionary United Front (“RUF”). Agreed on and launched the common plan with the Accused. A former comrade in arms of the Accused, whose shared experiences together stretched back many years to the training camps of North Africa.
SAM BOCKARIE AKA “MOSQUITO”
Sam Bockarie – Commander in Chief of the RUF on the ground in 1998 and for most 1999. “Mosquito”, or as the Sierra Leoneans would say, “Maskita”, played the lead role in the link between the Accused and the AFRC/RUF alliance. An indictee of the Special Court, the evidence will show that he was then murdered in 2003, another of the individuals eliminated to prevent his turning against and exposing the Accused
ISSA SESAY
Issa Sesay –SCSL indictee (RUF case). Sierra Leonean - Between 1998 and 1999, this man was Maskita’s deputy. Became the interim leader of the RUF in 2000 and 2001. Was a central link between the Accused and the AFRC/RUF alliance.
Other key individuals, whose names the Court will hear:
MORRIS KALLON and AUGUSTINE GBAO
High ranking officers of the RUF who played an important role in the link between the AFRC/RUF alliance and the Accused.
DENNIS MINGO AKA “SUPERMAN”
Dennis Mingo - Liberian – an NPFL commander who stayed with the RUF early on - one of the highest commanders in the RUF – he played an important part in the link with the Accused and the AFRC/RUF alliance. He was killed in 2001.
JOHNNY PAUL KOROMA
Johnny Paul Koroma – Sierra Leonean, a former member of the SLA, Chairman of the AFRC Junta in 1997 and 1998 and in that time played an important role in the link between the Accused and AFRC/RUF. An indictee of the SCSL, whereabouts unknown.
ALEX TAMBA BRIMA AKA “GULLIT” BRIMA BAZZY KAMARA, and SANTIGIE BORBOR KANU AKA “55”
Of course they are Accused that are on trial before Your Honours, and here I will only say that he will present evidence in this trial to show that played a role in the linkage between the Accused and the AFRC/RUF alliance.
EDDIE KANNEH
Eddie Kanneh - Sierra Leonean - former SLA officer who joined the RUF in 1998; main diamond man for the AFRC /RUF alliance in the dealings with the Accused especially from 1998 onwards,
and others whose names you will become familiar with during the course of this trial. Like the Accused, each member of the criminal enterprise participated in and contributed to the common plan in different ways.
Begins in
1988 or 1989: military training in North Africa, of Charles Taylor (Liberia), Foday Sankoh (SL) and other later leaders of the RUF. A plan is formulated by the Accused and others to take over political and physical control of Sierra Leone in order to exploit its abundant natural resources and to establish a friendly or subordinate government there to facilitate this exploitation.
Part of larger strategy included helping each other militarily in their respective revolutions and take over in their respective countries.
Creation of National Patriotic Front of Liberia (NPFL) (Liberian movement), the RUF (SL movement).
The agreement made by the Accused and Sankoh was to begin the implementation of the common plan in Liberia with the help of Sankoh’s forces. Liberia would then be used as a base from which to move into Sierra Leone with the help of the Accused’s forces.
Access to Sierra Leone’s abundant resources was the primary object of the common plan. In addition, Sierra Leone was also a source of manpower. The RUF and the NPFL personnel at various points were interchangeable, with NPFL forces sometimes fighting in Sierra Leone, and RUF forces fighting in Liberia.
Some may say that the RUF was fighting in Sierra Leone was one of national liberation. The evidence will show that there was a thin veneer of ideology masking the real motives of destruction and exploitation.
At the very end of 1989, the relevant events begin to unfold in the region:
24 December 1989: Beginning of the Liberian civil war with attack by NPFL in Nimba County in Liberia (from positions in Ivory Coast). Help in that civil war from RUF OFA elements By August 1990: The Economic Community of West African States deployed a peacekeeping force, under the leadership of Nigeria and Ghana, known as ECOMOG to enforce a ceasefire in Liberia, and to establish stability to make way for elections. Its deployment was opposed by Taylor, and it is soon in conflict with his forces. The then government of Sierra Leone, under President Momoh, was a contributing member, and allowed ECOMOG to be based on its territory. By November 1990, the Accused has firm control over large parts of Liberia. He was the regular guestost of Robin White on the BBC. 1 November 1990: He is interviewed by White, the broadcast of which you will hear. Taylor says: CT: … I have had enough of the Sierra Leonean Government permitting Nigerian aircraft to come out and kill my people. I'm saying that planes are taking off from bases at the international airport in Freetown at the end of the runway that leave and come and blow Liberian babies, women and old people away and my patience has run out in Momoh permitting this to happen from his territory.
RW: But how exactly do you propose to stop it?
CT: It's anybody's guess. Maybe Momoh doesn't know but he'll soon find out.
RW: Are you, are you suggesting that you will go and attack Sierra Leone yourself?
CT: That's not what I'm saying, but it's for Momoh to determine.
It is important also to know that during this 1989-1991 period, there was Training of Sierra Leoneans in Camp Nama outside Gbarnga (BANGA) in Bong County, Taylor’s headquarters, by mainly NPFL Liberians instructors: SL trained in Liberia called Vanguards: Issa Sesay, Morris Kallon, Augustine Gbao all Vanguards. On 23 March 1991 there was a cross border attack on Bomaru town, Upper Bambara Chiefdom, by NPFL forces.
On 27 March 1991, a group of RUF/NPFL entered Kailahun District from Liberia through the town of Koindu in the north of the District.
On 28 March 1991, another RUF/NPFL group crossed the Moa River forming the border between Liberia and Sierra Leone, in the south-east part of the country. They immediately occupied Zimmi, the southern-most town on the road network in Pujehun District.
Early in April 1991, the Liberians launched the attack on a full scale and my mid-April had joined their fronts in Sierra Leone.
The continuing role of Taylor will clearly be shown by a letter from Sankoh to Taylor of 5 May 1992, that will be offered in evidence:
“Dear Brother:
I am thanking you very much for the brotherly help you are rendering me in my liberation struggle…”
“I appreciate the five boxes of AK-47 raffle ammunition and ten boxes of RPG gun rockets which I should receive from you today… I believe that what you have offered is not enough to carry out the “Operation Capture Daru”. So I am asking you in the name of the Almighty God to kindly increase the number of boxes of AK-47 ammunition to (20) twenty and that of the RPG rockets to (12) twelve plus some berretta rounds. This will sustain me for some time while awaiting the long term supply that you have promised me.”
1991-1992: First period of the SL civil war and total involvement of the NPFL in the war with massive atrocities committed against civilians by NPFL. Supplies coming from the Accused in Liberia who is directing the war in SL.
RUF/NPFL troops gain ground in the first period of the war. Took Kono in 1992 - the diamonds fields are attacked and taken for a short time.
In 1991-1992, Ibrahim Bah creates ties with the RUF of Sankoh and on behalf of the Accused starts to organize and set up some arms shipments for the RUF from third countries.
Regular shipments of arms and ammunition by trucks by the Accused from Gbarnga in Liberia to the RUF in SL using the only main road in Lofa County
It must be remembered that that these weapons do not dissolve, melt or go away, they stay in the country, and are used repeatedly in conflicts in years far beyond 1991-1992, in preparation for activities in years to come.
1992-1993: The conflict continues in Sierra Leone, but on the Liberian side there is new force the (Y)ULIMO (United Liberation Movement for Democracy in Liberia) which leads rebellion in Lofa County (bordering SL) and cut the main road in the County (Zorzor-Voinjama) where arms and ammunition used to go from Gbarnga in Liberia to Sierra Leone. From that time until 1996-1997 no deliveries of arms and ammunition from the Accused to RUF by trucks. But, ongoing communications and movements of troops from NPFL to RUF, Liberia to SL, continued, using footpaths. 1992-1994: Some RUF elements fought alongside the NPFL and other organized armed groups in Lofa County against the ULIMO in attempts to re-establish the supply line and the supply route. March 1994: As a result of the end of the Accused’s deliveries of weapons to Sierra Leone, the RUF decided to change tactics and to retreat within the bush in SL and do hit and run operations. Creation in the forest of the base Zogoda in the Kambui Hills in Kenema district which will remain the RUF base until end 1996. Sometime between 1993 and 1996: Some NPFL troops pushed by ULIMO out of Lofa County and retreated to RUF held territories in SL. They fight in Sierra Leone alongside the RUF until the Accused became President in 1997. One of the Liberian commanders of these fighters was Daniel Tamba aka “Jungle” who, because of his past links with the RUF, became the main liaison officer for the Accused between Liberia and SL from 1997 onwards. There is an ebb and flow of the conflict in Sierra Leone, and in February-March 1996, Abdul Tejan Kabbah is elected President of Sierra Leone after two rounds of the presidential election. The polling is characterized by RUF violence to prevent public participation in the election.
There is eventually a peace agreement signed at Abidjan in Ivory Coast in November 1996 between the RUF and the Kabbah government.
However, there is a coup in Sierra Leone, less than six months after the Abidjan peace accord, when the by the soldiers of the Sierra Leone Army launched which overthrew the government of President Kabbah.
Following this coup, the RUF entered into an alliance and joined forces with the AFRC and collectively, were referred to as the “AFRC/RUF Junta”. Leaders of the RUF become members of the Junta Government.
Meanwhile, for Liberia there is a peace agreement signed at Abuja in Ivory Coast which pave the way for elections, in which the Accused in elected President in July 1997.
Back in Sierra Leone, the AFRC/RUF junta is not recognized by the international community and is soon in conflict with ECOMOG forces, and a Civil Defence Force that fights in support of the elected government of Sierra Leone.
July-October 1997: Ibrahim Bah is sent by CT to Freetown to liaise with the AFRC/RUF members of the Junta and find way to provide them with weapons. Ibrahim Bah arranged both the payment for and delivery of the Magburaka arms shipments which arrived in October 1997 and helped the AFRC Junta to keep going for four more months. Another of CT’s liaison is sent to Freetown at that time: Daniel Tamba aka “Jungle”. 14 February 1998: ECOMOG pushed AFRC/RUF alliance out of Freetown; massive retreat of AFRC/RUF troops in the countryside. Around 14 February 1998 - Some members of the AFRC managed to flee Freetown on board a plane destined for Monrovia, but are arrested at the airport in Monrovia by ECOMOG posted in the airport in spite of the Accused’s attempt to rescue them. This angers the Accused who orders ECOMOG in Liberia to leave the country. The same day the Accused calls Bockarie in SL and tells him that he will get arms and ammunitions to fight ECOMOG in SL. He will engage ECOMOG militarily in Sierra Leone through the AFRC/RUF, who continue their alliance after the retreat from Freetown.
As we will here, in the presentation of my learned colleague, Mr. Bangura, this leads to massive atrocities.
Around February-March 1998: the Accused sends people to get Bockarie in Buedu and bring him in Monrovia. Bockarie is given money and a satellite phone by the Accused. The Accused gives Bockarie instructions to hold Kono, hold the mining fields.
- Feb-April 1998: Liberian disarmament: Evidence will show that the Accused orchestrates a scheme whereby the RUF purchase weapons from former ULIMO-K combatants (opposed to the Accused in the Liberian civil war in Lofa county) - thereby effectively disarming opposition group in Liberia, and arming the RUF. The Accused gives money to Bockarie, the defacto leader of RUF (Sankoh is in jail) for the purchase of some of these arms and ammunition,
Throughout 1998: Ongoing communication between Benjamin Yeaten and Sam Bockarie, between the Accused and Bockarie, between the radio communicators in SL and Liberia; numerous trips of the Accused’s representatives to Buedu in Monrovia and numerous deliveries of arms, ammunitions and other supplies; regular updates to the Accused from his representatives in Buedu about the situation in SL and in the AFRC/RUF; several trips of the RUF high command to Monrovia to meet with Yeaten and the Accused. September-October 1998: the Accused sends Liberian troops to SL to reinforce the AFRC/RUF. At this point, it has taken the Accused eight years to conquer power and he is now Head of State. The Accused has spent lots of money (arms) and men in SL. Sankoh is in jail. The Accused does not want young bush commanders (RUF) sabotaging it. The Accused sends explicit instructions (radio communications) and puts “eyes and ears” on the ground in Buedu to know what is happening and act if necessary (Tamba “Jungle”).
November-December 1998: Some of the closest men of the Accused spend a lot of time in Buedu with Bockarie to prepare a major country-wide offensive; around that same period Bockarie and the Accused’s men travel to organise a major arms and ammunition shipments which is delivered to Buedu in December 1998. December-January 1998/1999: major AFRC/RUF offensive which led to recapture of Koidu town, Makeni and many other towns. Then there is the invasion of Freetown in 1999 by the AFRC, which my colleague will show was done in coordination with RUF forces.. January 1999: Bockarie promoted to General by the Accused. 1999: CT sent men to assess the diamonds fields in SL. Throughout 1999: ongoing communication between Benjamin Yeaten and Bockarie, between the Accused and Bockarie, between the radio communicators in SL and Liberia; numerous trips of the Accused’s representatives between Monrovia and Buedu, in the Kailahun district of Sierra Leone, and numerous deliveries of arms, ammunitions and other supplies; regular updates to the Accused from his representatives in Buedu about the situation in SL and in the AFRC/RUF; several trips of the RUF high command to Monrovia to meet with Yeaten and the Accused. Sometime in 1999: LURD – formed mainly by Mandingo former ULIMO fighters – attack Liberian positions from Guinea. Fear that the LURD - as ULIMO did in the 1990s – would cut off the Liberian-SL supply line. War starts again in Liberia, which has consequences in Sierra Leone.
After March 1999 – CT used the RUF to fight against the LURD in Lofa county. In the Accused’s various offensives launched against the rebel movement known as the LURD, he was able to draw on troop reinforcements from the RUF.
There were two significant offensives of the LURD which the AFRC/RUF from Sierra Leone fought in Liberia, in April 1999, the other in mid-2000 onwards. During there first deployment there was massive looting by the AFRC/RUF in Liberia. Meanwhile, there are negotiations for a peace in Sierra Leone. Though the AFRC/RUF alliance no longer controls Freetown, the offensive has left it in control of much of country including the diamond fields. The Accused’s representatives are present in Lomé, in Togo, and he and the RUF are able to strike a very favorable bargain in Accords that were finalized on 9 July 1999.
Despite atrocities having been committed just weeks before, an amnesty is declared, and RUF Sankoh is put in charge of the mining industry.
October 1999: UN Security Council resolution 1270 establishes UNAMSIL to enforce the Lome peace accords. 2000: RUF in control of large part of Sierra Leone and continues to exploit mineral resources. Several trips of the RUF high command to see the Accused in Monrovia. Regular shipments of supplies from the Accused to the RUF in SL. The Accused’s men keep visiting the RUF held territories and updating the Accused on what is going on there. May 2000: Abduction of the UNAMSIL peacekeepers by the RUF troops. Demonstration in Freetown outside Sankoh’s house and 25 civilians killed. Sankoh arrested some days later with many RUF commanders. ECOWAS appointed the Accused to ensure that the RUF complies with the terms of the Lomé agreement and frees UN peacekeepers. Mid-2000: UNAMSIL hostages send by the RUF to the Accused in Monrovia for him to release them and send them to Freetown. Why is this relevant to these criminal charges? Because, again, it demonstrates the power of the accused to control the RUF. He could when he wanted to prevent crimes committed by these forces, and he had not acted prevent the crime of abduction occurring in the first place.
August 2000: Resolution 1315 of the UN SC on the establishment of the Special Court. -Mid to Late 2000 : the Accused orders the RUF to start operations in Guinea as the Accused thinks that the Guinean government is backing the LURD (second offensive).RUF fighters were sent to Liberia by Sesay on the orders of the Accused. The focus of the attack was an attack on the Guinean town of Guékuédou and holding the Liberian town of Foya. He ordered them to kill everyone and burn down all the houses. Materiel in support in of the operation are supplied from Liberia through Kailahun in SL. December 2000: UN report on SL details extensive support for RUF by the Accused’s government and recommends a complete embargo on all diamonds in Liberia. 2001: Dennis Mingo aka “Superman” is killed in Liberia. May 2001: UN Security Council imposes arms embargo to punish the Accused for trading weapons for diamonds with the RUF. Sanctions include travel ban. January 2002: War declared over in SL, but AFRC/RUF troops still fighting in Liberia. January-February 2002: LURD defeated RUF and the Accused’s troops at Lofa County and by mid-February are 44 kilometres from Monrovia. The Accused declared a state of emergency in Liberia War over in Sierra Leone - demobilization programme – that weakened the Accused and within 18 months LURD had pushed the Accused out of power, but not before the Accused has killed Jungle and Bockarie.
D. CAMPAIGN OF TERROR
The Prosecution will lead evidence that the Accused through the senior leaders of the organised group known as the Revolutionary United Front (or “RUF”) instructed commanders to follow a certain modus operandi (same as the NPFL at all times during Liberian civil war - 1989-1996 and 1999-2003).
Attacks against the civilian population typically began with an armed attack against a civilian village, town or city, carried out by members of the RUF, Junta, AFRC/RUF and/or Liberians subordinate to the Accused. The attackers used a variety of arms and other materiel to take control of all or part of the village, town or city. The attack against this civilian locale involved the murder killing of many civilians. Typically the attackers would enslave large numbers of the civilians, to use as fighters, miners, farmers, domestic workers, nnot allowing them to leave the control of the attackers. Those who objected to their captivity or attempted to flee were routinely killed or beaten. Also typically the attackers would rape women and girls, often repeatedly, and then use them as “bush wives”. The attackers would mutilate the captive civilians. Children are conscripted by attackers, often after killing their parents, with the children provided with drugs and weapons, and conditioned to view their commanders as the new leaders of their family. In addition, the attackers would typically loot and burn the homes of the civilians. This was the brutal and bloody strategy which, under the command and control of the Accused, was followed by those on the ground in Sierra Leone. In essence, it wasn’t the military capability of their opponents that the RUF targeted for destruction. If the Accused and the groups subordinate to or associated with him had limited themselves to active hostilities against the government forces of SL and the organized armed groups aligned with those forces, would not be here today.
But this was a campaign of terror. It reached its peak in 1998 and the senseless carnage which was being wrought in Sierra Leone was succinctly summed up by UNHCR in its Report as follows:
[DOC. - EXHIBIT 1.020: UNHCR Report on Atrocities Committed Against Sierra Leone Population, UNHCR Conakry Branch Office, 28 January 1999 (Rev. 2), Report on and pictures of 38 victims of violence during the year 1998.] "It soon became clear that the scale and nature of the crimes perpetrated served only two purposes: intimidation and humiliation." "...perpetrators of these crimes do not discriminate with regard to age, sex, ethnic origin or other criteria in the choice of their victims."
My colleague, Mr. Bangura will now rise to outline the evidence about this campaign of terror, specifically as to the crimes perpetrated against the people of Sierra Leone, as alleged in the Amended Indictment.
MR. BANGURA – DISCUSSION OF THE CRIME BASEI. INTRODUCTION
Your honours, this afternoon I will present to the Court the crimes charged in the Second Amended Indictment as they unfolded in Sierra Leone between November 1996 and January 2002.
We have told you that you will hear evidence from which you can infer there was a plan… that the Accused was involved in the creation of this plan …that he participated in this plan with others.
What I will present now to the Court are the details of the devastating effect that this plan had on the civilians of Sierra Leone. Evidence will be led showing that the Accused knew of these devastating effects but continued with the plan.
I will touch on what actually happened in Sierra Leone as stated in the indictment, and the crimes that were perpetrated there. Crimes that were perpetrated with the aim of causing terror.
Your Honours, the Prosecutor has already enumerated the crimes which we charge in the Indictment.
This Court will hear evidence that the people of Sierra Leone suffered.
From Kenema to Kono, whole villages were destroyed. The capital was under siege. No one was safe, young or old. Families were forced to turn on each other and then were torn apart. The main victims of the war in Sierra Leone were poor, defenceless civilians, ordinary country folks, who had nothing to do with politics, governance or corruption, and who had nowhere to hide. They longed for peace but were instead subjected to years of atrocities, atrocities which are reflected in the indictment and for which we stand here and allege that the accused, Charles Ghankay Taylor, bears responsibility.
Your honours, you will hear the perpetrators of these crimes being referred to by various names: “RUF”, “Rebels”, “RUF rebels”, “Peoples Army”, “AFRC”, “AFRC/RUF”, “Junta”, “Junta Rebels.”
No matter what name they were called, the story is the same – all these groups committed mindless acts of violence, terror and degradation, devoid of any human reason. You will hear that the man who gave orders to the leaders of these groups…..who provided safe haven to these groups…… who provided much-needed weapons and supplies to these groups…who encouraged and aligned himself to these groups… sits accused in this courtroom today.
Your Honours have heard the names of some of the associates and subordinates of the Accused who provided many of the links to the crimes perpetrated in Sierra Leone, and through whom the Accused acted alongside to further the common plan - Sam Bockarie - MOSQUITO, Ibrahim Bah, Benjamin Yeaten, Colonel Jungle and Issa Sesay…Your Honours, I ask you to remember these names, which will echo in these chambers throughout this trial. The accused may not have set foot in Sierra Leone during the alleged time period, but he stamped his mark indelibly on the whole country.
The crimes included in the Indictment took place between the 30th of November, 1996 and the 18th of January, 2002. This was but part of a conflict that lasted over 10 years. However, it was in this period that the seeds sown by the Accused and the other participants in the common plan bore their most bitter fruits.
Your honours, let me describe the significance of Kailahun and Kono Districts.
II. KAILAHUN
Kailahun District, bordering Liberia, was throughout the conflict the corridor between Liberia and Sierra Leone. This District has a long history with the RUF and the NPFL, and was one of the first targets of the RUF and NPFL forces in 1991. Your honours will hear that later, the town of Buedu became the RUF stronghold and the location of its headquarters.
During the conflict, for fighters on either side of the border, Kailahun District and Lofa County, Buedu and Foya, were one territory, one group of people, all fighting the same fight, aiming towards the same goal. Geographical boundaries had no meaning.
What had meaning in this conflict were diamonds. Between 1998 and 2000, diamonds mined by forced labour were first taken to the headquarters in Buedu and from there to the Accused in Liberia. In return, arms, ammunition and supplies were regularly transported through Lofa County to Buedu. The Prosecution will present evidence that Buedu was a place stocked with arms and ammunition supplied by the Accused. These arms were then distributed to the AFRC/RUF forces throughout the country.
Buedu was for a large part of the conflict the epi-centre of operations. In 1998 and 1999, Bockarie directed, planned, and ordered operations from Buedu, including the 1998 attacks on Kono and Makeni. These attacks killed and maimed hundreds of innocent civilians.
III. KONO DISTRICT
Right next door to Kailahun District is Kono District, a major diamond mining area. Diamonds were at the heart of the common plan because they helped fuel the war.
In exchange for diamonds, the Accused provided the RUF, and later the Junta, with much needed arms and ammunition, enhancing their ability to continue the war. It is clear that the district’s strategic importance lay in its economic value.
In February 1998, on loosing control of Freetown, the need to control the country’s other strategic areas became even more critical.
The Accused’s order to the Junta in around March 1998 was clear: “Hold Kono”.
This order was conveyed by Bockarie to his men.
But in April 1998, the AFRC/RUF lost control of Koidu Town in the heart of Kono. This loss triggered the launch of two brutal attacks to try to re-take the town in order to obey the Accused’s command.
With assistance provided by the Accused including a supply of arms, the RUF and AFRC rebels launched their attacks on ECOMOG and the Civil Defence Forces, known as the CDF, in Koidu Town and its surrounding areas. In the coming months you will see and hear evidence of the crimes committed during these attacks.
This series of attacks was called Fiti-Fata in Krio, the local parlance of Sierra Leone.
Your Honours, I would like to use the words of a witness to describe what Fiti-Fata meant in the context of the attacks. It meant:
twenty four hours .. without any control. If an RUF fighter wished to kill someone, he could kill anyone he wished.
In other words, your Honours, there were no rules and no one was safe.
The civilians of Kono paid a heavy price for living in such a mineral rich area. During the Indictment period, many areas of Kono were razed to the ground.
You will hear evidence of the order given by Morris Kallon of the RUF to burn Koidu Town.
You will also hear evidence of the order of another rebel commander, given casually to his men, to “light candles”, which meant to burn homes.
However, the evidence will show that the destruction that resulted was anything but casual. The destruction was part of the overall campaign of terror charged under Count 1 of the Indictment.
Killings
Your honours, this campaign of terror also included the unlawful killings which occurred in Kono and Kailahun and are charged under Counts 2 and 3. Let me describe two incidents.
The Prosecution will call a witness who will describe the joint AFRC and RUF attack on Koidu Town around May 1998.
This witness will describe how he was taken captive and forced to walk to Koidu Town. On this walk, the witness stepped over corpses, stepping in blood - pools of blood.
The witness estimated that he stepped over about 50 corpses.
However, this is not where his trauma would end. Instead, on arrival the men, women and children were divided into groups, made to stand in line, and then RUF rebels opened fire on them. 101 people were killed.
In Kailahun, the killings were equally as shocking. One particularly horrific killing during this period was the execution of approximately 65 men in Kailahun Town who were suspected CDF fighters. These men were captured and detained for several days before Bockarie ordered their execution. Bockarie himself participated in the killing, shooting some of the men in the head at close range.
Physical Violence
Physical violence is also charged for Kailahun and Kono under Counts 7 and 8 of the Indictment.
The prosecution alleges that the AFRC/RUF engaged in widespread acts of physical violence in Kono, Kailahun and other parts of the country and that in Kono, villages such as Tombodu, Kaima and Wondedu suffered brutal attacks that took many forms including but not limited to the application of force with weapons, the mutilation of civilians, and the amputation of limbs.
The Prosecution will lead evidence of what can only be called a barbaric practice of the RUF and AFRC, namely to carve the letters R-U-F or A-F-R-C or AFRC/RUF into the flesh of captured civilians. The evidence will include testimony as well of demonstrative and photographic evidence which show the scars that still exist on the bodies of some.
The evidence will suggest that this practice had a strategic element, in that the AFRC/RUF fighters were of the view that carving their letters into their captives would result in them being identified by other free civilians as RUF or AFRC fighters. Consequently, the scarred captives would be unwelcome in civilian villages and back in their homes. This practice was part of an overall strategy to terrorize civilians thus holding a large population of people not only in Kono but throughout the country in a state of physical and psychological captivity.
The prosecution will introduce evidence of what we respectfully suggest is the most well-known atrocity inflicted on persons in Sierra Leone at the relevant times of the indictment, namely amputations. We will call witnesses who either saw or were themselves victims of amputations and they will describe not only the physical acts of cutting off limbs but also the words of the rebels who allegedly committed these acts.
You will hear evidence that victims were told that they should go to President Kabbah to ask for new hands. In the words of one rebel commander after ordering the amputation of many civilians:
“You see, you don’t want Foday Sankoh, you want Tejan Kabbah. Well, go to him to get new hands.’
Rapes and sexual slavery,
Sexual crimes were also committed in Kailahun and Kono and are charged under Counts 4, 5, and 6.
Your Honours, our evidence will show that the practice of using women as sex slaves became widespread and commonplace among the RUF, and later the AFRC/RUF fighters throughout the war.
You will hear that Sierra Leonean women captured by the RUF or AFRC were forced to make strategic choices that no woman should ever have to make.
These women would seek to become attached to a single commander or fighter as a “bushwife” because this was the best way to limit the abuse they would suffer. The alternative was, and I quote a witness, that a woman would be treated “like a football in the field”, being exposed to one rape after another, perpetrated by many men without any consideration for health, feelings or lives.
Your honours will hear evidence that the girls and women of Sierra Leone were subjected to extreme sexual violence. That they were abducted and raped, oftentimes publicly, oftentimes by numerous fighters, oftentimes for extended periods of time, and then generally forced into sexual slavery.
You will hear that girls and women were forced to continue performing sexual acts as well as domestic duties for their fighter “husbands”. Those who dared to escape and were caught were either killed or were marked with “RUF” on their bodies.
Forced Labour
During the Indictment period, as set out in Count 10 of the Indictment, civilians in Kono and Kailahun, were harnessed and forced to work intensively towards the war effort.
Aside from domestic duties forced upon female captives, men and women of all ages throughout Sierra Leone were forced to perform other types of work for the rebels without pay.
Abductees were forced to work on RUF farms in Kailahun District. They were also forced at gunpoint to carry arms, ammunition, food, fuel and other supplies from Buedu to Koidu Town – a distance of over 70 miles following narrow bush paths.
In Kono, diamond miners were often forced to work without food. Those who were too tired to work were stripped and beaten and, in some instances, killed.
Diamonds mined under these conditions were given to senior AFRC/RUF commanders and were then sent to the Accused in exchange for arms, ammunition and supplies. Evidence will show that the Accused sent his subordinates from Liberia to provide advice to Sam Bockarie and Issa Sesay on the Kono mining operations, thus protecting his own economic interests.
You will hear evidence that in an effort to strengthen the rebel forces and to sow the seeds of the common plan, AFRC/RUF commanders ordered the training of captured civilians and then forcibly conscripted them into the ranks of the fighting force.
In Kailahun and Kono, abducted civilians were trained at Bayama, Pendembu, Bunumbu, Koinadugu and Yengema.
The training often involved severe beatings for those who were uncooperative, and sometimes resulted in deaths of the trainees. Your honours will hear evidence that from Liberia, the Accused provided arms and ammunition, rice and food for these training camps, where abducted civilians and children were forcibly trained.
VI. KENEMA DISTRICT
Your honours, let me move to another diamond rich area, Kenema District.
This District is home to the famous Tongo Fields. As we already saw in Kono, such wealth attracted much violence. In 1997 and 1998, these fields produced a bitter harvest, which resulted in Counts 1, 2, 3 and 10 being charged for this district.
In the context of the Indictment, the crimes charged for Kenema are those which took place largely during the Junta period. The significance of diamonds to the survival of the Junta regime cannot be overemphasised, and this was evidenced by the very presence of Sam Bockarie himself in Kenema throughout this period.
That being said, the need for diamonds was so great that they were to be mined, no matter what the human price.
The governing body of the AFRC regime – the Supreme Council – which was located in Freetown, received frequent updates from the mining commanders on the number of diamonds extracted and other essential information regarding productivity.
The junta government was not recognized by the international community and had to rely on its own resources. Therefore, simply as a matter of survival and to pay for the rice for its soldiers, and the weapons needed to fight the ECOMOG troops, the diamond fields in Kenema needed to be intensively mined by civilians.
This internationally isolated regime did have one friend, though: The Accused.
Your Honours have heard the name Ibrahim Bah. Ibrahim Bah organized an air shipment of arms and ammunition to Magburaka for the Junta. This shipment, known as the Magburaka Arms Shipment, was paid for partially by illegally mined diamonds. We allege that this shipment was organized by Bah on the Accused’s behalf and kept the otherwise unstable and unrecognized Junta going for about another 4 months.
Your honours, the conditions of miners working in the diamond fields was harsh and brutal. Mining was undertaken in areas such as the notorious “Cyborg Pit”. Child soldiers renowned for their brutality guarded the miners at gunpoint.
This period of intense forced mining was punctuated by frequent killings. Many civilians were killed at Cyborg Pit, some because they were suspected of stealing diamonds, others because their deaths helped instil a climate of terror that would deter escapes. Terror was guaranteed to be generated when, on the orders of Bockarie, miners in Cyborg Pit were fired on indiscriminately.
Indeed, this was a district controlled by fear. You will hear evidence about one infamous event in the township of Kenema where several community leaders accused of supporting the CDF were detained and tortured. Subsequently, several of the detainees, including B S Massaquoi, a former Cabinet Minister and municipal leader of Kenema, were killed on the orders of Bockarie.
IV. PORT LOKO DISTRICT
Your honours, I move to Port Loko. Count 11, pillage, is charged for this district between 1 February 1998 to about 30 April 1998.
In February 1998, the Junta, which had ruled for just short of a year, was finally routed by ECOMOG forces. This event, known as the Intervention, resulted in the withdrawal of the RUF and AFRC forces from Freetown. As the forces withdrew, their passage was marked by violence and looting. This passage from West to East is reflected in the districts and towns charged in the Indictment under Count 11 for the crime of looting.
Masiaka is a town in Port Loko District. It was here, in this district and in particular Masiaka, that the defeated members of the former Junta and their men received the infamous order for the forces to “pay themselves”.
V. BOMBALI
This journey of retreat and looting took the forces to Bombali, and accordingly, this district is included under Counts 1 and 11 of the Indictment.
Makeni is a strategic town in Bombali District which controls the route between Freetown and Kono and facilitates access to the northern and eastern areas.
Once Operation Pay Yourself had been announced in Masiaka in February 1998, the forces simply kept heading east back to their strongholds, taking whatever they came across in the villages and towns they passed through.
VII. FREETOWN & WESTERN AREA
Freetown and the Western Area encompasses the city of Freetown and the entire Peninsula. Freetown is the capital of Sierra Leone and the seat of political power. After the May 97 coup, Freetown was the Junta’s headquarters. In February 1998, Johnny Paul Koroma and many other senior Junta leaders fled from Freetown, in their wake their forces abducted civilians and took them to Kono and other areas in Sierra Leone. Freetown again came into focus at the end of ’98. The final objective of the operation commencing with the attack on Kono District was to re-take control of Freetown in order to re-establish political control over the country.
The movement towards Freetown, the invasion of Freetown and then the retreat from Freetown covering the period from the end of 1998 until early 1999 is the focus of the crimes charged in the Indictment.
On re-establishing control over Koidu town, AFRC/RUF forces from Kono, under the command of Issa Sesay, and from Koinadugu, under the command of “Superman”, launched co-ordinated attacks on Makeni which led to the takeover of the town.
In the meantime, the forces of Alex Tamba Brima and SAJ Musa were on their way to the next target - Freetown.
The advance to Freetown began in Rosos and took the route through Waterloo in the Western Area to Benguema, from Hastings to Jui, from Allen Town to Calaba Town, from Wellington to Kissy, and from Up Gun into the city centre. A large number of Liberian NPFL fighters were sent to Buedu from Liberia in 1998 to reinforce the AFRC and RUF forces on their planned attacks. A good number of these Liberian fighters went from Buedu with Superman to Koinadugu in mid 1998 to join SAJ Musa in the Northern Jungle. They later reinforced the forces of Alex Tamba Brima at Colonel Eddie Town, and entered Freetown with the predominantly AFRC forces Throughout the attack, AFRC/RUF commanders in the Freetown area were communicating with AFRC/RUF commanders on other fronts.
For the people of Freetown, the January 6 invasion, did not come as a complete surprise. What astounded the population was the viciousness of the attack.
With the State House under their control and the central prison gates flung wide open, the invaders had free reign over the eastern and central parts of the city for almost 2 weeks.
AFRC/RUF forces were eventually forced to retreat eastwards by ECOMOG and other SLA forces. However, they took with them a huge band of abductees. In this band were able-bodied men and a large number of young girls and children. Left behind, in the now empty streets, thousands lay dead, as vultures fed on decomposing bodies.
You will hear evidence that the city’s hospitals and clinics were full beyond capacity with the wounded and the dying. Whole streets lay abandoned. Houses burnt. Wrecked and abandoned vehicles littering the streets. As if this was not enough, waves of freshly amputated civilians began streaming into the city from the eastern outskirts, sending a grim reminder that the invaders were still close. Hospital corridors soon became lined with amputees.
The Accused’s responsibility for the events of January 6 and its aftermath will be established through Prosecution witnesses who will testify to the following facts.
First, throughout the Invasion period, Bockarie became the only spokesperson for the forces. Such was Bockarie’s importance that he negotiated the ceasefire on behalf of the fighters on the ground. Bockarie was known for his vanity, he had no hesitations about making public his role and gave a number of interviews on the BBC. In one he threatened to “burn Freetown” and in another he referred to the Accused as his “chief”.
Second, there was ongoing radio communication throughout the Freetown invasion between Bockarie and Alex Tamba Brima. These communications increased as the fighters took over State House, gained control over the city until they eventually retreated from State House. Orders from Bockarie to Alex Tamba Brima included holding the city while RUF reinforcements were being provided. Later, they dealt with issues of ceasefire, the burning of embassies, the retreat as well as other orders. Brima complied with these orders
Third, RUF fighters and some Liberian Fighters sent by the Accused weeks before the invasion, reinforced the fighters of Alex Tamba Brima, and enhanced the military strength of the forces which entered Freetown on that fateful day of 6 January 1999.
In addition, Bockarie ordered that the RUF fighters in Waterloo ensure the safe passage of the retreating RUF/AFRC forces from the city by holding the Guinean ECOMOG contingent at bay.
The scale of the atrocities also indicates that the invasion should be set in context. This was the culmination of years of assistance from the Accused towards the common plan to take over of the political control of Sierra Leone. In order to achieve this objective, from May 1997 to January 1999, the RUF/AFRC alliance and the Liberian Fighters supplied by the accused, engaged the ECOMOG forces throughout the country in constant combat, and attacked their military bases. This had the effect of considerably reducing the ECOMOG capability to defend Freetown, which made the January 1999 Invasion of Freetown an inevitable success for the AFRC/RUF allied forces.
The scale of the terror that was unleashed on Freetown is unparalleled as a single event in the conflict. No other incident, event or attack by the RUF or AFRC/RUF throughout the war, involved such large scale burning of civilian property in locations throughout Freetown; such killing of civilians; such widespread beatings and amputations; such abduction of civilians; such widespread looting; and such abuse of young girls and women.
At the end of this period of extreme violence which shocked the entire world, the Accused called Bockarie to Monrovia and promoted him.
A few months after the Invasion, in mid 1999 in Monrovia, the Accused hosted Johnny Paul Koroma and some senior leaders of the AFRC. At this meeting, the Accused praised the rebel advance into Freetown and gave the delegation 15,000 dollars as a show of support.
VIII. CHILD SOLDIERS
Yet another haunting image of the conflict in Sierra Leone is that of children carrying guns taller than they were. Children were conscripted, enlisted and/or used in active hostilities throughout the war and Sierra Leone.
Count 9 of the Indictment states that between about 30 November 1996 and about 18 January 2002 members of RUF, AFRC, AFRC/RUF Junta or alliance, and/or other armed factions fighting in Sierra Leone routinely used hundreds of boys and girls under the age of 15 to participate in hostilities.
The evidence will demonstrate that a pattern was followed throughout the war. Children were abducted by the rebel fighting forces during attacks on their villages, and taken to “training camps”.
The training in these camps was harsh beyond measure. When learning to crawl to avoid fire, real bullets were often fired above the heads of the child recruits. Those who failed to follow instructions on how to crawl and who raised their heads, were killed by these bullets.
After training, some of these children were given military ranks. The children were then used by the rebels to fight at the front lines, to carry arms and ammunition to the front lines, to act as bodyguards and to provide security to commanders and fighters and to conduct reconnaissance.
This was a pattern which had been followed by the forces under the command of the Accused in Liberia in the late 1980’s and which was continued until about 2003.
The boys and girls that were trained in Sierra Leone were grouped into units called the Small Boys Unit (SBU) and the Small Girls Unit (SGU). These same names were used by the NPFL in Liberia from the early 1990’s.
IX. CONCLUSION
I would like to thank the Bench for the opportunity to address you on this historic day. It has truly been an honour for me to do so.
The people of Sierra Leone have a saying:
“Net long so taaaaaaay, doh mus clean”
Meaning
“no matter how long the night, light will come”
For years the Accused’s crimes have remained in the dark. Today, we start to shed light on his responsibility for the suffering of the people of Sierra Leone.
MR. RAPP RECOMMENCES
E. MODES/PARTICIPATION IN COMMMON PLAN
Your honours, in our pre-trial brief, we have outlined the ways in which the accused is responsible for planning, ordering and instigating the crimes. In the interests of time I would like to proceed to discuss was in which the Accused clearly aided and abetted these crimes.
Aiding and Abetting
Throughout the relevant period, the Accused provided vital and substantial assistance, encouragement or support to the RUF, then to the Junta and finally to the AFRC/RUF, which enabled these forces to conduct this widespread and systematic attack against the civilian population of Sierra Leone.
[DOC – EXHIBIT 1.058: (undated – 10 pages) letter to Foday Sankoh from the Black Guard Commander – summary report to FS of the situation on the ground while he has been absent. Mentions support given by CT.] “The High Command Meanwhile, Mr Taylor said his trial would not be fair because he only had one defence lawyer. His counsel walked out, defying the judge's order to stay seated.
Mr Taylor is accused of backing rebels in Sierra Leone in an 11-year campaign that killed thousand of civilians

Judge Julia Sebutinde ordered the trial to continue without Mr Taylor, amid intense protests from his lawyer, Karim Khan.
Mr Khan then left the court, saying he was not in a position to represent his client without further instruction from him.
After nearly one hour of wrangling, the prosecution began opening statements.
Proceedings at the UN-backed Special Court for Sierra Leone are expected to last between a year and 18 months, and the UK has offered to imprison Mr Taylor if he is convicted.
The former Liberian leader has been indicted on 11 charges of war crimes, crimes against humanity and violations of international humanitarian law over his alleged role in the brutal civil war in Sierra Leone.
Mr Taylor denies them all.
Human rights campaigners hope the trial will send a signal that nobody can escape punishment for atrocities, including heads of state, although some would have preferred him to have been tried at home by his countrymen.
However fears that Mr Taylor may still be able to mobilise a militia to attack a court in Sierra Leone were among the reasons cited for the trial being moved away from West Africa.
'Not fit for purpose'
Judge Sebutinde repeatedly pressed Mr Khan on the failure of his client to appear.
"He has not thumbed his nose at the court," said Mr Khan before producing a letter in which Mr Taylor said he felt he would "not receive a fair trial at the Special Court at this time".
Mr Taylor started Liberia's civil war in 1989 and became one of a number of warlords competing for control in the West African country.
He later emerged as Liberia's most powerful politician and won the 1997 presidential election that ended the war there.
Meanwhile in 1991, one of Mr Taylor's comrades-in-arms, Foday Sankoh, started his own rebellion in Sierra Leone.
The prosecution claims Mr Taylor provided the Revolutionary United Front (RUF) leader with training, money, arms and ammunition to start the rebellion and even lent him fighters to take part in the initial attack.
The RUF became notorious for hacking off the hands and legs of civilians during their decade-long war.
It is alleged that Mr Taylor shared a common plan with the RUF's commanders to gain power and control over Sierra Leone, so he could gain access to its diamonds and have a government in Freetown that would support his aims.
However, the rebellion in Sierra Leone collapsed. Its war crimes court indicted the rebel leaders and Mr Taylor as well. Mr Sankoh died in 2003.
That year, Mr Taylor himself lost power in Liberia after rival militias rose up and forced him into exile in Nigeria.
He was deported by Nigeria last year in controversial circumstances and flown to The Hague to await his trial.
Proceedings are being broadcast live on four giant screens in Freetown.


Source: BBC News