DRAMATIC APPEARANCE

Rufus Neufville

Rufus Neufville attends first session

Julius Kanubah, FPA Legislative Correspondent julius.kanubah@frontpageaficaonline.com (+2316586240)

Congress for Democratic Change (CDC) and Montserrado County Representative Rufus Neufville Thursday (April 28, 2011) made a dramatic appearance in the chamber of the House of Representatives, the first in 2011.

Representative Neufville surfaced in the House chamber nearly four Months after the House resumed its normal sitting in 2011, the last for the 52^nd National Legislature.

The Montserrado District two lawmaker told reporters he was not attending the House session after rumors emerged he was about to be suspended or expelled.

“Well I appeared in session amid speculation that there was a suspension threat or there is a resolution to expel me on the floor and now you saw me in session, there is no letter of suspension and resolution of expulsion for me”, explained Representative Nefville.

He said the rumors surfaced after he openly criticized the leadership of Speaker Alex Tyler for poor performance.

During his first appearance, Representative Neufville was involved in the debate of several issues to make his presence felt.

Meanwhile, the CDC lawmaker has announced a boycott of the party’s pending convention in Kakata, Margibi County.

“I’m not going at the CDC congress for now because I’m busy in my constituent and looking for member and doing my own political maneuvering”.

Representative Neufville said his decision is in continuation of his disagreement with the leadership of the CDC, chaired by Senator Geraldine Doe-Sheriff.

He confirmed to reporters that he will not run on the CDC ticket for re-election because the Party is supporting against aspirant against him.

“That’s our party and you know I’m one of the strongest members of the CDC. But my intention to go as independent is intended to protest against what I referred to as the political mismanagement of our party. Political mismanagement in several forms; I have a big fear of we are going to election, the entire Executive Committee members are all contesting for legislative seats then we are telling our voters out there that the CDC will not win. So, it’s kind of dog-eat-dog. It’s like you are on a ship and the captain is looking for live jacket or you are in a plane and the pilot is looking for a parachute, you got to be careful. Why should all the Executive Committee members of the CDC contest for Legislative seats. It’s a bad sign and it means the CDC will not win”.

Representative Neufville insisted that he will run as independent candidate to challenge any contender from his own CDC. It is thought that CDC Secretary General Acarous Gray is being pushed to contest against Representative Neufville who has been critical against the Chairman of the CD- Senator Geraldine Doe-Sheriff. He contends that Madam Doe-Sheriff needed to step down as chairman of the party while in her present capacity as a sitting Senator. Senator Doe-Sheriff has in the past rejected claims by Representative Neufville that her double role is a conflict of interest.

CRIMINAL REHABILITATION

Saar Gbollie

House passes Prison Reform Act

Julius Kanubah, FPA Legislative Correspondent julius.kanubah@frontpageaficaonline.com (+2316586240)

The House of Representatives has finally passed into law a bill intended to ensure a drastic reform of the criminal justice system of Liberia, following over year of scrutiny.

In its session Thursday, the House voted unanimously to enact the National Prison Reform Act, a bill sponsored by Margibi County Representative Saar Gbollie.

The Act is intended to make the Correctional Bureau a semi-autonomous agency under the Justice Ministry.

It will ensure people serving prison terms or in detention facilities are rehabilitated to make them good and productive citizens.

The passage came after a report by the House Joint Committee on National Security and Judiciary. In the report, the Joint Committee said: “Mr. Speaker and Distinguished Ladies and Gentlemen, Hon. Saar R. Gbollie, Representative District # 3 Marigi County and House Committee Chairman on National Security, introduced and sponsored a bill which aims at judicial reform in the prison industry. This bill, (THE NATIONAL PRISON REFORM ACT) seeks to amend five chapter of the Criminal Procedure Law; to include: 34, 41, 42, 43 and 44”.

It noted that during the review process of the bill in committee room, two major hearings were conducted where experts in the criminal justice system including civil society representatives and professors of the justice system to debate the merits and demerits of the bill with a view to form a consolidated agreement.

According to the committees arguments were focused on: “The panel argued that section 34.1 which speaks about the detention of prisoner be amended to provide for separate facilities for convicts and pre-trial detainees realizing that convicts are different from accused; as well as taking into account type of crimes committed, age, sex, etc;  To maintain the independent of the Bureau, it was resolved at the retreat that instead of the Minister of Justice making the appointments of all Assistant Commissioners, it was agreed that the prison Advisory Board make recommendation to the President for consideration, except the commissioner proper and all Deputies who shall be appointed by the President provided all such appointments shall be subject to confirmation hearing where applicable. On the issue of the Internal Auditor of the bureau as outlined in section 38.11 of the bill, the panelists suggested that instead of the Minister of Justice appointing the auditor, the auditor should be appointed by the administrative discretion of the Bureau; since there is a General Auditing Commission that is charged with the statutory responsibility to audit all government institutions”.

According to the joint committee, “it was also recommended that in order for the National Bureau of Corrections and Rehabilitation to be functionally effective upon passage into law of this law, there is need to hire foreign experts and train specialist where applicable for the purpose of guarding the process in realization of the preamble and intent upon which this Act was crafted”.

It further that “also topping the debate was the issue of the Bureau being semi-autonomous as enshrined in section 38.1 of the drat Act. The panelists recommended that with the nomenclature “semi-autonomous’ it was important that the bill if passed into law be on the same status like the Liberia National Police, Bureau of Immigration and Naturalization and other input components of the Criminal Justice System. It was also resolved that the Ministry of Justice would exercise its oversight duty as it does with other law enforcement agencies”.

The joint committee emphasized “as a consequence of he two public hearings, and taking into consideration the divergence of views that was derived, a final bill was emerged through working group comprising actors from the Ministry of Justice and the Joint Committee; accordingly, we crave the indulgence of Plenary for the passage of this bill into law”.

The report by the joint committee led to a number of interventions by members of the House who voiced support for the passage of the bill in a bid to reform the criminal justice system of the country with respect to the corrections section.

CDC Representative Rufus Neufville of Montserrado District # 2 said: “I stand in support of this bill because it’s a just cause”. He was followed by lawmaker Dickson Yarsiah of Gbarpolu County and Unity Party who stressed “I’m in agreement for the passage of this bill but let’s change the nomenclature of Auditor to the status of Office of the Internal Auditor”.

For Representative Eugene Fallah Kparkar of Foya District in Lofa County he observed that “the need for prison reform cannot be over emphasized. It’s time that carry out this reform because in the past prison in Liberia has been a nightmare. We need to make our prison system as it is in other western countries as people go to prison and come out reform and rehabilitated where they become good citizens. I believe many of the armed robbers will be transformed under this bill”.

During the debate, Representative Gbollie also explained that the Prison Reform Act will create employment opportunities for Liberians.

In the vote to pass the bill, the House voted nineteen for, zero against one abstention to pass the Prison Reform Act into law. The Legislation will now be sent to the Senate for concurrence after which it will be sent to President Ellen Johnson-Sirleaf for signing into law and onward printing into handbill.

Representative Gbollie hailed the first breakthrough of the Prison Reform Act saying “It was a giant step taken by the House of Representatives and history will be kind to us for ensuring a major reform in the criminal justice system of our country”.

KANGAROO INVESTMENTS

House poised to probe failed multi-million contracts

Julius Kanubah, FPA Legislative Correspondent julius.kanubah@frontpageaficaonline.com (+2316586240)

After over five years of the reign of the Ellen Johnson-Sirleaf led government with the luring of several multi-million US dollars concession agreements, anger is growing at the National Legislature over the performance of several of the Mineral Development Agreements.

The anger comes as the tenure of the government is gradually fading with the entire 64-membership of the House of Representatives and half of the 30-member Senate set to go for re-election in what is expected to be a highly contested race.

The House and Senate are two key Legislative bodies that have ratified concession agreements aimed at ensuring the revitalization of the nation’s economy coupled with the issue of job creation and the restoration of basic social services.

But five year on, the impact of the multi-million US dollars concession agreements ratified by the bi-cameral Legislature are not been felt mostly by Liberians and especially the targeted beneficiaries of the concession areas who remain in extreme poverty, unemployment as their natural resources are being ‘exploited’ by foreign companies.

This development has claimed the attention of Grand Bassa County Representative Gabriel Smith of the opposition Liberty Party- whose County is hosting some of Liberia’s major post-conflict multi-million US dollars Mineral Development Agreements.

In a letter to the plenary of the House of Representatives, lawmaker Smith registered his disappointment over the performances of several concessionaires, requesting the body to institute an investigation.

Smith: “I present compliments of my highest esteem and herewith request plenary to, on the basis of our oversight responsibility, set up an independent/specialized committee to conduct a general performance review of all concessions ratified by this Legislature since 2006. This review shall to the extent necessary, include every contract entered into by this government since 2006”.

The Liberty Party Buchanan lawmaker outlined in his letter that “the purpose of this exercise is to ascertain or verify compliance of the concessionaires to the terms and conditions of their contracts as it relates to the fulfillment of the social responsibilities and the employment of Liberians as required in the respective agreements”.

Representative Smith based his request for an investigation on cries from across Liberia over the lack of opportunities from the investment agreements.

“You will note with outmost surprise, Mr. Speaker, fellow colleagues that there have been numerous complaints from citizens of our respective constituencies, over the mal-employment policy (ies) of some of these companies like the BRE (Buchanan Renewables) which operated on a three Month periodic contract basis for two years, with a very negligible percentage of indefinite contractors if there exist any. Second in line is the Mittal Steel, which contrary to the MDA term of utilizing local resources for maximization, employment opportunities, has imported several million tons of rocks in the Country; thus denying thousands of Liberians job opportunities, while at the same time importing countless number of foreign nationals to occupy jobs that could have otherwise been done by Liberians”.

The Grand Bassa lawmaker continued with his protest as he reflected the failed investment deal for Lofa County: “On the other hand, is the problem of poor and undesirable salary scale of some the Liberian owned security firms which are taking up contract with some the major companies. You will also recall that there has been incessant cry from the people of Lofa against ADA, several others which may not be named in this communication”.

In seeking the indulgence of his colleagues to take action now before it’s too late, lawmaker Smith noted: “In view of the foregoing, and in full recognition of our fiduciary and constitutional responsibility to our people, it is crucially important that we, the representatives of the people be armed with the facts about and surrounding the performance of these concessionaires and/companies operating with our country; so as to enable us take the necessary actions and report to our respective constituencies, in fulfillment of our constitutional responsibility”.

The letter by Representative Smith sparked angry responses from most members of the House of Representatives who expressed support for the constitution of an ad-hoc committee to review the performances of concessionaires in Liberia.

Among the chain of lawmakers who voiced strong opinions over the failed operations of most of the concession agreements ratified by the Legislature included Saar Gbollie of Margibi, Richard Holder of Montserrado, Eugene Fallah Kparkar of Lofa and Dickson Yarsiah of Gbarpolu.

Gbollie: “It’s not our last time to make decision in this chamber because we still have time as Legislators. I have reasons to believe that the special committee should be formed. I’m very, very concerned about ADA because there is no head and tail over their operations in Lofa”.

Holder: “As a lawmaker, I’m under serious pressure in District-14 (Montserrado County) which is a political district. Look at BRE, they have cleared/cut down all of the trees; transported thousands of tons of rubber chips but no construction of facilities, no planting of rubber … they are exploiting our resources and carrying it to their Countries without any impact for our people here. Where is the light BRE promised? The light bulbs are still dark as BRE has done nothing”.

Kparkar: “Colleagues, you recall I lamented the situation of ADA in Foya, Lofa County and as we speak ADA is in coma. Nothing is happening, no social benefits. So, it’s part of our responsibility to bring all concessionaires here as we have the mandate to invite most of these institutions like BRE. I heard before about the green energy issue and power chips from BRE. Nothing is happening and I heard that the chips are being shipped by BRE out of Liberia. Monrovia and Kakata should have been electrified under the plan but nothing is happening now. I think we should invite most of these concessionaires because so many of these investments are kangaroo investments; even AMLIB (America Liberia Mineral Limited). We need to constitute the committee today”.

Yarsiah: “Since five year and four Months now, lots of investment agreements have been passed. The issue as raised by Representative Smith is not just unique to Buchanan but fifteen counties because like Gbarpolu we are being affected. We gave Forestry Management Contracts (FMC) to B&B but to date the social benefits embedded in the agreement like building of schools have not been met because the Management claimed they not made any shipment yet; even the land rental fees are nit been adhered to. Gbarpolu is not getting anything. So, there is a need to reinforce the fifteen-member Compliance Committee with additional members and investigate these concessions. If not prosperity will judge us because the agreements we have ratified there are no effects”.

The disappointing comments from the chain of Legislators prompted more support for the letter by Representative Smith though House Speaker Alex Tyler later intervened to announce “that action will be taken on the matter on Tuesday (May 3, 2011) after consultations with various Committees of the House that deal with Concessions”.

The move by Representative Smith to request the setting-up of an independent/specialized committee to conduct a general performance review of all concessions ratified by this Legislature since 2006 is seen as both political and economically sensitive.

Analysts believe lawmaker Smith has an intention of a mere publicity stunt in the media and public as time is running out for each member of the Legislature as the multi-million dollars concession agreements that were ratified and in some instances hastily under nose(s) are not just impacting the lives of hundreds of thousands of poverty stricken rural dwellers. With such publicity stunt, Representative Smith could be pardoned in the pending testing political survival battle as some may not blamed him for not bringing investments like other lawmakers to benefit their areas of representation but it ws due to the failure of the Executive (Presidency) to compel compliance with the investments.

On the other hand, Representative Smith without any sense of politicking could just be on par with reiterating the economic needs of his people with respect to restoration of basic social services, employment and the reduction of poverty.

With these days, Tuesday (May 3, 2011) is the day set for the Lower House to take a decisive move whether to investigate the performance of the multi-million dollars concessionaires or leave them as they crumbled in meeting key aspects of their Mineral Development Agreements.

‘ENVELOPE SENATORS’

Senator  Joyce Freeman-Sumo Reveals Peers Take Bribes Under The Table

By: Julius Kanubah, FPA: Legislative Affairs writer,April 10, 2011

The term bribery or financial inducement in the Liberian Legislature seems to now be making inroads as a tool to sway away key decisions against the national interest as Liberia grapples with the issue of rebuilding, development and accountability.

Within the past six years the Legislature has been at the center of damaging allegations of bribery ranging from ‘under the table deals’ to ‘admittance of bribe taking’ to oust former Speaker Edwin Snowe and the passage of concession agreements worth millions of US dollars. And, yet evidence continues to emerge of bribe taking by Liberian Legislators though its leaders have flimsily moved-in to rebuff the scam.

The latest and more revealing account has surfaced from the mouth of Montserrado County Senior Senator Joyce Musu Freeman-Sumo of the opposition Congress for Democratic Change of football legend turned politician George Weah.

During a heated-debate Thursday (April 7, 2011) in the plenary session of the Senate, Senator Freeman-Sumo was bold and loud enough to admit that Senators take ‘bribes in envelopes’ to compromise national interest.

According to her, the envelopes are given ‘under the table’ to quell genuine and critical opposing comments of Senators on crucial issues of national concerns.

“You think that the one we here for. Sooner people talk, when they [Senate leaders] do wrong, you talk about it, they call you and give you ‘envelope behind the table’. I don’t want no envelope from nobody. I don’t want sh*t. Nothing I don’t want from nobody. Nothing I don’t want. I don’t want nothing from nobody”.

This statement by Senator Freeman-Sumo was revealing and stemmed from the backdrop of her contention over what has become the controversial approval of the 2010/2011 supplemental budget in the tone of US$24 million.

She was fuming over an earlier media pronouncement by Senate President Pro Tempore Cletus Wotorson that the Executive Mansion’s submitted supplemental budget has been approved by the Senate as part of a concurrence vote with the House of Representatives which had earlier endorsed the financial instrument.

The point of argument by Senator Freeman-Sumo was against the reported action of the Senate Pro Temp to ignore a letter she wrote complaining Maritime Bureau Commissioner Binyah Kessely of allegedly raining stinging insults on her.

The CDC Senator had alleged Commissioner Kesselly branded her as being ‘crazy’ and that he threatened to deal with her because she had linked him to being with Ellen as Benoni Urey was to former Liberian President and war crimes detainee Charles Taylor.

She claimed Commissioner Kesselly made the threat in a telephone talk in response to a news article where she raised the unexplained and questionable allotment of US$3.4 million dollars to the Bureau of Maritime Affairs in the supplemental budget.

As part of her angered and outburst on the Senate’s floor, Senator Freeman-Sumo insisted that the decision to pass the supplemental budget with doubts hanging over the allotment to the Maritime Bureau was dubious.

“The reason for which the Commissioner [Binyah Kesselly] threatened my life for and I wrote your, is the same reason your passed the budget for on ‘yea and nay’ vote… the same budget where I identified the place where they want to steal money from for the election because they putting special money in the Maritime Bureau for election purpose is the same budget your passed”.

In her words, the wrong concurrence vote on the passage of the supplemental budget by the Senate was intended to demonstrate the ‘bribe taking practice’ by the Senate under the leadership of Pro Temp Cletus Wotorson- the 72 year-old proud Geo-physicist turned politician.

“I don’t want shit. Nothing I don’t want from nobody. Nothing I don’t want. I don’t want nothing from nobody. He [Pro Temp Wotorson] coming be calling the people one-one to somersault on their decision and then he says he cares. He think[s] that the one we here for”.

The revelation by Senator Freeman-Sumo of ‘under the table acceptance of envelops’ containing money to serve as financial inducement to influence the decision of Senators is seen as another damaging leak by a sitting Liberian Legislator.

Though the Montserrado Senior Senator made the disclosure amidst a pocket of confusion on the Senate’s floor, it is without doubt an explosion that will dent the image and hunt members of the Upper House of the Liberian Legislature. 

It remains unclear how the senate will consider the revelation of senator freeman-sumo that senators do take ‘bribes in envelopes’ to compromise national interest.

The Senate through its President Pro Tempore Cletus Wotorson has in the past rejected allegations of ‘bribe taking’ to render decisions on crucial national issues including the confirmation of Presidential nominees.

Bribery under Liberian law is a crime- punishable by at least two years imprisonment. During a visit last year to Ghana US President Barrack Obama made the issue of bribery an essential theme in his speech. “No country is going to create wealth if its leaders exploit the economy to enrich themselves ... or if police – if people can be bought off by drug traffickers. No business wants invest in a place where the government is corrupt. No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. That is not democracy that is tyrannical, even if occasionally you sprinkle an election in there. And now is the time for that style of governance to end”.

With these strong words from the US President, it seems that the case of Liberia is different as the Legislature and government officials continue to be linked to ‘demanding or taking bribes under the table’. How long will the issue of alleged ‘bribe taking in the Legislature’ stop remains everyone guess.