Tuesday, November 18, 2008

The Role of Civil Society in Effective Governance

November 12th

This morning’s meeting was with Attorney Deweh E Gray, the president of the Association of Female Lawyers of Liberia (AFELL). After introductions she shared the change that came about in awareness when women had to move from wherever they were due to the conflict to areas and regions which had different laws and customs, especially when it came to inheritance laws. Property rights for women was a challenge. There were various laws of inheritance that were now changed and AFELL advocated for continued changes and further tweaking of the laws. It took 8 years of work to pass the Major Inheritance Law of 2003. When President, Charles Taylor blocked it, but after his departure, it passed.

Now the challenge is to put the law into local languages and get the people to understand that it is not a challenge to traditional relationships, but a human right for all. And change does come. Tribal Councils are not only all male today. There are efforts to have women discover their own authority in this new situation and stand for election on tribal councils. Women are moving, speaking out for themselves, entering into good dialogue, and making a difference. One example was the presence of women at the Accra Peace talks. They were not delegates in any official manner, but being that they were in the lobby and vocal, their issues and suggestions did make it into the conference room through notes passed and brought into the room by delegates who were understanding of their cause. The Mano River Woman’s Peace Movement, begun in the early 1990’s by Liberian Women, is another example of the place and power of women today.

There is currently an effort to improve the capacity of the Tribal Courts for mediation and enforcing of local laws and punishing appropriate local crimes. Care is made to guarantee that human rights not be violated on that level, where traditional law and punishment may clash with national and international laws and conventions. When it comes to the Hinderland Tribal Regulations, AFELL’s task is to help the population better understand the issues, discuss the issues in communities, guarantee women are involved in the discussion, and encourage more women to contest for places on the chiefdom councils.

She ended the conversation with reference to a recent Law Retreat where the assembly looked at a variety of legal issues. She regretted that the discussion on Traditional Justice was put off to a future time.

I closed our visit with a description of our Restorative Justice Project, inviting her to keep in touch with AFJN. A final issue was raised regarding land ownership. This will be the problem, challenge and cause of conflict in the future. Many people are aware of this. I had heard this in the late 90’s in Sierra Leone. Privatization of land and disputes over land and water will cause future conflict if they are not dealt with now.

In the afternoon, I had the chance to meet with some of the leaders of the Interfaith Mediation Committee of Liberia. This was started in 1990 and met consistently over the years during all three wars. This committee was very instrumental in the Accra Talks. The committee is comprised of religious leaders from all faith traditions. It preceded the World Conference of Religion and Peace which now is active in Liberia as well. It assisted the general population through distribution of simplified copies of the constitution, aided the people in understanding the laws, attempted to build confidence and capacity in local communities as a foundation for peace, and came up with the idea of a Peace Court. It is hoped that these courts will be set up in every district and county of the Liberia. The key is tolerance and the challenge is to learn to live with one another.

There is hope that this council will expand to encompass all the countries of the ECOWAS, the Economic Community of West African States. In May of 2008, they facilitated a meeting of the National Council of Traditional Leaders. The Committee prepared witnesses for the Truth and Reconciliation Commission and counselled the people before witnessing. There was concern about post-TRC. There is also a fear that the recommendations are not clear and that the information will not get to the average Liberian. Also, it seems that money is only available for post-conflict demobilization and reconstruction, but nothing for sustained work of nation building. Liberia needs roads, schools, and hospitals, all of which require long-term support. The committee asked that I share these needs with all my contacts.

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