UN Security Council S/2002/1115 — Report of the Panel of Experts on Liberia (2002)
S/2002/1115
United Nations
Security Council
Distr.: General
25 October 2002
Original: English
Letter dated 24 October 2002 from the Chairman of the
Security Council Committee established pursuant to resolution
1343 (2001) concerning Liberia addressed to the President of the
Security Council
On behalf of the Security Council Committee established pursuant to
resolution 1343 (2001) concerning Liberia and in accordance with paragraph 16 of
resolution 1408 (2002), I have the honour to submit the report of the Panel of
Experts on Liberia (see annex).
In this connection, I would appreciate it if the present letter together with its
enclosure were brought to the attention of the members of the Security Council and
issued as a document of the Council.
(Signed) Kishore Mahbubani
Chairman
Security Council Committee established pursuant to resolution
1343 (2001) concerning Liberia
02-62679 (E)
281002
*0262679*
S/2002/1115
Annex
Letter dated 7 October 2002 from the Panel of Experts on Liberia
to the Chairman of the Committee established pursuant to
resolution 1343 (2001) concerning Liberia
We have the honour to enclose the report of the Panel of Experts on Liberia, in
accordance with paragraph 16 of Security Council resolution 1408 (2002).
(Signed) Atabou Bodian
(Signed) Johan Peleman
(Signed) Harjit Sandhu
(Signed) Alex Vines
2
S/2002/1115
Report of the Panel of Experts appointed pursuant to
Security Council resolution 1408 (2002), paragraph 16,
concerning Liberia
Contents
Paragraphs
Page
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1–22
7
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23–43
10
A.
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23–31
10
B.
Methodology of the investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32–37
12
C.
Standards of verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38–40
12
D.
Mandate of the Panel: the dilemma continues . . . . . . . . . . . . . . . . . . . . . . . . . .
41
13
E.
De-linking subparagraph 2 (a) to (d) from paragraphs 5 to 7 of Security
Council resolution 1343 (2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42–43
13
Liberia’s internal conflict and regional instability . . . . . . . . . . . . . . . . . . . . . . . . . . .
44–58
14
A.
Remnants of the Revolutionary United Front are still active in Liberia . . . . . .
51–54
15
B.
Fears of the civilian population . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55–57
16
C.
Intimidation of sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58
16
59–90
16
Part One
The context
Part Two
Weapons
I.
Continued violations of the arms embargo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.
Use of ships in the transportation of arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59
16
B.
Air transportation is the preference of sanctions busters . . . . . . . . . . . . . . . . . .
60
17
C.
Deceptive practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61–63
17
D.
Arms cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64–90
18
II.
Arms for Liberians United for Reconciliation and Democracy . . . . . . . . . . . . . . . . .
91–95
23
III.
Humanitarian impact and the arms embargo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96–99
25
IV.
Recommendations on arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100–108
25
Part Three
Civil aviation
I.
On the new registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109
26
II.
Management of airspace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110
26
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III.
Crash of the Antonov 12 on 15 February 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111–121
27
IV.
Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122–123
29
Part Four
Diamonds
I.
Diamond embargo on Liberia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124–129
29
II.
Smuggling continues to neighbouring States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130–133
30
III.
Diamonds used as a cover for illicit imports of weapons . . . . . . . . . . . . . . . . . . . . . .
134–137
31
IV.
Humanitarian impact of the diamond embargo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
138–143
32
V.
Kimberley Process Certification Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
144–156
32
A.
Sierra Leone and Guinea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146–149
33
B.
The Gambia and the Kimberley Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
150–151
33
C.
Liberia
152–156
34
157
35
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
158–173
35
A.
Humanitarian impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
162–171
36
B.
Coping mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
172–173
38
Maritime and corporate registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
174–183
38
Auditing maritime revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
184–188
40
Logging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
189–192
40
Auditing timber and other revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
193–194
41
Conclusion and recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
195–196
42
VI.
Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part Five
Revenue and governmental expenditure
I.
II.
III.
IV.
Part Six
Travel ban
I.
The travel ban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
197–200
42
II.
Humanitarian impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
201–204
43
I.
Letter of appointment of the Panel of Experts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
II.
Meetings and consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45
III.
Double document trail: an example of different flight requests for the same aircraft for 27
and 28 June, one showing Lagos as the destination, the other showing the real destination,
Roberts International Airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53
Double document trail: cargo manifest for one of the arms flights, stamped in Lagos by the
fictitious company Aruna Import . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54
Annexes
IV.A.
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IV.B.
Double document trail: fuel bill that the Panel received from the crew . . . . . . . . . . . . . . . . . . . .
55
V.
Forged copy of a letter, allegedly from the Ministry of Defence of Nigeria, authenticating
that Nigeria is the end-user . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56
Copy of an Ivorian end-user certificate with the list of weapons identical to the one used by
Leonid Minin and Aviatrend for shipments to Liberia in 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . .
58
Terms of reference for the management audit and systems design of maritime and forestry
revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
VI.
VII.
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Abbreviations
6
AFL
Armed Forces of Liberia
ASECNA
Agency for the Safety of Air Navigation in Africa and
Madagascar
ATU
Anti-Terrorist Unit (Liberia)
ECHO
European Commission Humanitarian Aid Office
ECOWAS
Economic Community of West African States
FAO
Food and Agriculture Organization of the United Nations
FOB
Freight on board
HRD
Hoge Raad voor Diamnant/High Diamond Council
ICAO
International Civil Aviation Organization
IMF
International Monetary Fund
IMO
International Maritime Organization
Interpol
International Criminal Police Organization
LISCR
Liberian International Ship and Corporate Registry
LURD
Liberians United for Reconciliation and Democracy
MSF
Médecins sans frontières
OTC
Oriental Timber Company (Liberia)
PCASED
Programme for Coordination and Assistance for Security and
Development
RIA
Roberts International Airport
RPG
Rocket propelled grenade
RUF
Revolutionary United Front (Sierra Leone)
RUFP
RUF Party
ULIMO
United Liberation Movement for Democracy in Liberia
UNAMSIL
United Nations Mission in Sierra Leone
UNDP
United Nations Development Programme
UNICEF
United Nations Children’s Fund
UNHCR
Office of the United Nations High Commissioner for Refugees
UNOL
United Nations Peace-building Support Office in Liberia
UNREC
United Nations Regional Centre for Peace and Disarmament in
Africa
USAID
United States Agency for International Development
WHO
World Health Organization
S/2002/1115
Executive summary
1.
Since the Panel submitted its last report (S/2002/470) in April 2002, Liberia’s
internal conflict has continued to spread, with violence spilling over into Guinea and
Sierra Leone. Recent events in Côte d’Ivoire also underscore how fragile this region
remains, although the peaceful multiparty elections in Sierra Leone in May were a
positive development.
2.
The Panel continued to track the remnants of the armed RUF. It met with
Ibrahim Balde (also known as Bah) and the wife of Sam “Mosquito” Bockarie, as
part of its efforts to assess the continued capability of these remnants of RUF in
Liberia. The Panel was unable to locate “Mosquito” but continues to believe that he
is currently resident outside Liberia, possibly in Ghana.
3.
Balde and another informed source in Monrovia estimated that RUF strength in
Liberia is between 1,250 and 1,500 men, operating in elite Liberian government
military units. These men represent the last coherent surviving structure of the
armed RUF. They enjoy the patronage of the Liberian Government and continue to
play an important part in Liberia’s military capability.
Arms
4.
The Panel uncovered new violations of the arms embargo on Liberia, including
the delivery to Roberts International Airport of six cargo aircraft in June, July and
August 2002 containing weapons and ammunition supplies totalling over 200 tons.
These weapons were mainly from old Yugoslav stocks and were supplied by an arms
dealer based in Belgrade.
5.
To avoid detection of these arms transfers and to obtain clearance for the
flights, a sophisticated trail of double documentation was set up. Officially, the arms
were sent to Nigeria and flight authorizations and matching cargo manifests were
issued for the cargo aircraft to fly to Lagos. At the same time, flight requests were
issued for the same aircraft to fly to Liberia but then the specification on the cargo
manifests stated that the arms on board were “mine drilling equipment” for a
diamond mine in Monrovia.
6.
The present report shows in detail how the arms were delivered and how false
documentation was used. The Panel obtained false end-user certificates from
Nigeria, used for the delivery of over 200 tons of arms in violation of the arms
embargo. In cooperation with the Nigerian authorities, it was established that the
end-user certificates were false. A non-existent Nigerian company and a number of
go-between companies and brokers were involved in these illicit arms deals.
7.
The Panel observed that arms also continue to reach LURD rebels through the
neighbouring countries of Sierra Leone, Côte d’Ivoire or Guinea. In one case
described in the present report, the Liberians United for Reconciliation and
Democracy (LURD) was found to have mortar rounds that originally had been
supplied by the United Arab Emirates to the Republic of Guinea as military
assistance. According to the Guinean Defence Ministry, these arms were destroyed
during a fire in one of the Guinean armed forces military barracks.
8.
The Panel recommends that:
• The arms embargo on Liberia should continue and be regularly monitored for
violations.
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• The arms embargo should be extended to all armed non-State actors in the
region, including LURD. Arms-exporting countries should abstain from
supplying arms to the Mano River Union countries, in line with the
moratorium on small arms that applies for the whole ECOWAS region.
• The urgent establishment of a United Nations working group to develop the
modalities for a standardized end-user certificate that would contain, at the
minimum, the name, address and telephone number of the signing authority for
the certificate, and the name, address, telephone number and arms-trading
licence of the broker(s) involved.
• The moratorium on the importation, exportation and manufacture of small
arms and light weapons in West Africa and its implementation mechanism, the
Programme for Coordination and Assistance for Security and Development
(PCASED), should be more effectively used to monitor and combat illicit
trafficking and sanctions busting.
9.
Under the current requirements for the moratorium, the member States of
ECOWAS issue requests for exemptions to import arms to the ECOWAS secretariat,
which are then circulated to the member States for approval. There is, however, no
requirement to submit copies of the end-user certificates that are issued to order the
arms in the case that the exemption is granted. The Panel also recommends that:
• All end-user certificates should be submitted to the ECOWAS secretariat as part
of the procedure to obtain waivers for the importation of arms into West Africa.
• The moratorium should be broadened and become an information exchange
mechanism for all types of weapons procured by ECOWAS members.
Civil aviation
10. Although Liberia has changed its former EL prefix to A8, Liberia has not
registered any aircraft on its newly opened registry. This could result in aircraft still
operating under the old prefix. The Panel believes the Liberian civil aviation
authorities should act quickly to ensure that this change is instituted.
11. The Panel continued to try to obtain information from the Liberian authorities
about the crash of an Antonov 12 cargo plane at Roberts International Airport on 15
February 2002. Little further information was forthcoming, and a copy of the
accident notification drawn up for ICAO by the authorities was substandard and
inaccurate. Investigations by the Panel confirm that the crew was Ukrainian, and the
flight was carrying tightly packed rectangular wooden boxes. The boxes were
covered with Chadian diplomatic seals, and the impact of the crash caused their
contents to explode. The navigator of the plane was killed and was buried in Odessa.
12. The Panel recommends that Liberia, in accordance with the requirements set by
the Chicago Convention on International Civil Aviation, investigate properly the
aircraft accident and that its findings — including those on the nature of the cargo —
be presented to the Security Council Committee on Liberia within three months.
Diamonds
13. The embargo, coupled with progress in the Sierra Leone peace process, has
continued to result in the disappearance of “Liberian”-labelled rough diamonds from
official markets. Smuggling of Liberian diamonds into neighbouring States has also
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declined because quality production has been disrupted by the internal conflict in
Lofa.
14. The Kimberley Process Certification Scheme for trade in rough diamonds will be
launched on 5 November 2002, and both Guinea and Sierra Leone report that their
certification schemes work well, although smuggling remains a serious problem.
Liberia has yet to make progress in establishing a credible certification system.
15. A draft plan of action for Liberia drawn up by the High Diamond Council
(HRD) for the Ministry of Lands, Mines and Energy is a small step forward. It
makes suggestions on what would be the minimum requirements needed for Liberia
to be compatible with the Kimberley Process. Liberia is far from this currently and
will need to show political will and obtain international assistance if it is to join the
Kimberley Process Certification Scheme.
Revenue and governmental expenditure
16. The Panel continued to investigate how the Government of Liberia funds its
arms procurement. Nearly all income appears to be used for military operations and
this pattern of spending has contributed towards humanitarian hardship. An
independent audit of key revenue sources, such as those from the corporate and
maritime registry and timber industry, remains pressing. In both cases, the Panel
found evidence of discrepancies of millions of United States dollars between the
figures provided by the Ministry of Finance and the Central Bank of Liberia or the
Forestry Development Authority.
17. In a welcome move, the Government of Liberia signed on 27 September with
the international auditing firm Deloitte & Touche for a systems audit and design
aimed at capturing and tracking the revenue and expenditure of proceeds derived
from maritime and forestry activities. This will only last for 120 days, however. The
Panel recommends that the Government publish all of the results of this systems
audit and that, once it is completed, it should be followed up with an 18-month full
financial audit by an international auditing firm.
The travel ban
18. The Panel believes that the travel ban continues to be violated and has
continued to receive reports of individuals named on the list being sighted in North
America, Europe, the Middle East and Africa. As reported in previous reports,
sightings of Liberian officials at Abidjan airport have continued and the local
authorities appear to be relaxed about enforcing the ban.
Conclusions on the humanitarian impact of sanctions
19. Sanctions have had a negligible impact on the humanitarian situation and the
diamond ban is confined to a traditionally small sector of the economy that has been
more affected by insecurity in Lofa than by sanctions. Lifting the arms embargo
without adequate reform of the security sector would leave the civilian population
even more at the mercy of unconstitutional forces, armed militia and abusive
security apparatus. Reform requires a restructuring of the armed forces in Liberia to
reconstitute an appropriate command and control structure and to ensure discipline
and the rule of law.
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20. The travel ban is targeted at a small number of individuals and has not affected
the wider population, although it continues to provide savings for government. Poor
governance, economic mismanagement and armed conflict are the prime reasons for
the lack of investor confidence and donor fatigue, not sanctions, although the latter
do enhance the image of Liberia as an international pariah.
21. Sanctions have had a psychological impact on the population. Speculators in
the currency market exploited the imposition of sanctions, resulting in a rise in
inflation and higher prices for goods. Rent seekers have also raised prices and
attributed these to sanctions, even when that is not the case.
22. The Government of Liberia has also used the imposition of sanctions as an
excuse for its failure to improve services and reform. The Government has
conducted an effective propaganda campaign across the country and many Liberians
believe that their marginalization and some of their economic woes are owing in part
to United Nations sanctions. The United Nations has done little to counter such
negative propaganda.
Introduction
A.
General
23. In reference to Security Council resolution 1408 (2002) of 6 May 2002, the
Secretary-General, on 17 July 2002, appointed a Panel of Experts (see annex I) to
conduct a follow-up assessment mission to Liberia and neighbouring States, in order
to investigate and compile a report on:
• The Government of Liberia’s compliance with the demands contained in
subparagraphs 2 (a) to (d) of Council resolution 1343 (2001);
• The potential economic, humanitarian and social impact on the Liberian
population of the measures imposed by paragraphs 5 to 7 of resolution 1343
(2001);
• Any violations of those measures, including any that involve rebel movements.
24. In paragraph 2 of resolution 1343 (2001), the Council demands that the
Government of Liberia immediately cease its support for the Revolutionary United
Front (RUF) in Sierra Leone and for other armed rebel groups in the region, and in
particular take the concrete steps delineated under subparagraphs (a) to (d), which
include:
(a) Expel all RUF members from Liberia and prohibit all RUF activities on
its territory;
(b) Cease all financial and military support to RUF and take steps to ensure
that no such support is provided from the territory of Liberia or by its nationals;
(c) Cease all direct or indirect import of Sierra Leonean rough diamonds
which are not controlled through the certificate of origin regime of the Government
of Sierra Leone;
(d) Freeze funds or financial resources or assets owned or controlled directly
or indirectly by RUF.
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25. Paragraphs 5 to 7 of resolution 1343 (2001) involve, respectively, a tightened
embargo on arms and related materiel of all types, including technical training; a
ban on the direct or indirect import of all rough diamonds from Liberia; and a travel
ban on senior members of the Government of Liberia and its armed forces, their
spouses and individuals providing armed support to armed rebel groups in countries
neighbouring Liberia.
26. Throughout its work, the Panel remained cognizant of the fact that the
demands contained in subparagraphs 2 (a) to (d) of resolution 1343 (2001) were
intended to lead to consolidation of the peace process in Sierra Leone and to further
progress in the peace process in the Mano River Union.
27. The Panel took particular note of paragraph 4 of resolution 1408 (2002), in
which the Council calls on all States in the region to cease military support for
armed groups in neighbouring countries, to take action to prevent armed individuals
and groups from using their territory to prepare and commit attacks on neighbouring
countries and to refrain from any actions that might contribute to further
destabilization of the situation on the borders between Guinea, Liberia and Sierra
Leone.
28. On 15 July 2002, the Liberian Minister of Foreign Affairs transmitted to the
Permanent Mission of Liberia to the United Nations a decision, CM/Dec.662
(LXXVI), on the situation in Liberia taken by the Council of Ministers of the
Organization of African Unity (now known as the African Union) at its seventysixth ordinary session, held in Durban, South Africa. In the decision, the Council
calls on all States in the region to cease support for armed groups from neighbouring
countries and prevent armed groups from using their territories to prepare and stage
attacks on neighbouring countries. It also calls on the Security Council to lift the
sanctions imposed by it on Liberia, in the light of what the African Union described
as the “grave socio-economic impact on the populace”.
29. The Panel also took note of the contents of the written submission made to it
by the Government of Liberia on 13 August 2002 during its meeting with the
Government’s task force on compliance with sanctions. The written submission
encloses an assessment report on the military situation prepared by the Economic
Community of West African States (ECOWAS) and the correspondences undertaken
by the Government of Liberia to get help and assistance in establishing a certificate
of origin regime for diamonds. The Panel has taken all of these submissions into
account in the preparation of the present report.
30. The Panel of Experts consisted of an expert from ICAO, Mr. Atabou Bodian
(Senegal); an expert on arms and their transportation, Mr. Johan Peleman (Belgium);
an expert with Interpol investigative experience, Mr. Harjit S. Sandhu (India); and
an expert on diamonds, Mr. Alex Vines (United Kingdom of Great Britain and
Northern Ireland). The letter of appointment of the Panel is contained in annex I.
31. The Panel first met at United Nations Headquarters on 30 July 2002, and it was
agreed with the Security Council Committee on Liberia that its report would be
submitted on 7 October 2002. The Panel also kept the Security Council Committee
on Liberia informed of the progress of its work, as and when necessary.
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B.
Methodology of the investigation
32. Questionnaires. The Panel requested specific information from the relevant
countries, through their permanent missions to the United Nations, regarding certain
arms shipments, the movement of suspicious aircraft used for the illegal
transportation of arms and ammunition, and the activities of certain individuals
involved in such deals. The Panel requested information from 38 countries. Most of
the information requested was provided by the concerned Governments. Four
exceptions stand out: despite reminders, no response was received from Chad, Côte
d’Ivoire, Israel and the United Arab Emirates.
33. Visits to countries. The Panel travelled extensively to the countries involved,
or believed to be involved, in the trafficking of weapons and related materiel to
Liberia in violation of Security Council embargoes and also to those countries that
could provide useful information on such activities. The entire Panel visited
Belgium, Burkina Faso, Guinea, Sierra Leone, Liberia and the United States of
America. One or more members of the Panel visited the Republic of the Congo,
Côte d’Ivoire, France, Ghana, Lebanon, Moldova, the Netherlands, Nigeria, Togo,
Uganda, the United Kingdom of Great Britain and Northern Ireland and Yugoslavia.
34. Field visits. In order to make a first-hand assessment of the potential
humanitarian and economic impact of the sanctions on the Liberian population, a
consultant to the Panel 1 travelled extensively in the interior areas of Liberia. This
included visits to the camps of internally displaced persons,2 refugee camps,3
hospitals,4 diamond mining claim sites, logging concession sites, saw mills and
plywood factories, reforestation sites, rice plantation, rubber plantations and farming
areas.
35. Interviews. In each country visited, the Panel members interviewed
governmental authorities and, where relevant, diplomatic missions, civil society
organizations, aid agencies, private sector firms and journalists. The Panel also
contacted a number of key individuals whose names have been a subject of interest
and controversy in recent months in connection with the crisis in the subregion (see
annex II). Given, however, the sensitive nature of the subjects investigated by the
Panel, it should be noted that many individuals spoke under conditions of
confidentiality. Several meetings held in various countries have therefore not been
listed.
36. Assistance from international and regional organizations. The Panel received
useful cooperation and assistance from several international organizations such as
IMF, Interpol, ICAO, IMO, and made proper use of their expertise, where relevant.
37. Police and judicial records. The Panel was able to access the police and
judicial records of several cases linked to trafficking of arms and ammunition that
were under investigation and under-trial.
C.
Standards of verification
38. The Panel used the same high evidentiary standards in its investigations as
used in its previous reports (S/2001/1015 and S/2002/470). This required at least
two credible and independent sources of information to substantiate a finding.
Wherever possible, the Panel also put allegations to those concerned so as to allow
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them the right of reply. As in its previous reports, the Panel attached a large number
of annexes, comprising documents proving the ownership of airline companies,
payments made for arms purchases and fraudulent use of passports to bypass travel
ban restrictions etc.
39. In the past two years, the Panel has systematically collected from West African
countries the statistics and details on the movement of unscheduled flights to and
from Liberia. Depending on the recorded departure point of the flights, the Panel has
also gathered information from several other African countries, all over the
continent, and from several States in Europe and the Middle East on the routings and
flight plans of the aircraft involved.
40. In addition to its own detailed verification, the Panel received corroborating
information from international agencies and police sources operating at the
international as well as national level. The assistance of Interpol specialists was also
called upon as and when required. In all cases mentioned in the report that follows,
the Panel did not rely solely on oral testimonies. Corroborative documentary and
circumstantial evidence was always insisted upon. The evidence, therefore, is
incontrovertible and irrefutable.
D.
Mandate of the Panel: the dilemma continues
41. The Panel’s mandate is described in section A above. In its earlier report
(S/2002/470), the Panel had mentioned the concern raised by the Government of
Liberia and some of its supporters about the reasonableness of the sanctions against
Liberia in pursuance of paragraphs 5 to 7 of resolution 1343 (2001) in the light of
RUF having been fully transformed into a political party. The same concern was
repeatedly raised during the current mandate. The Panel remained cognizant,
throughout its work, of its role and its responsibility in helping to end the suffering
of the people of the subregion.
E.
De-linking subparagraphs 2 (a) to (d) from paragraphs 5 to 7 of
resolution 1343 (2001)
42. The Panel was repeatedly reminded by the Government of Liberia that the
sanctions imposed under paragraphs 5 to 7 of resolution 1343 (2001) were a direct
result of the report of the Panel of Experts on Sierra Leone (S/2000/1195), in which
the Panel had concluded that the Government of Liberia was actively aiding and
abetting conflict in Sierra Leone by providing military and financial support to RUF.
In January 2001, when the President of Sierra Leone declared the end of war in
Sierra Leone by the symbolic gesture of shaking hands with General Issa Sessay of
RUF, it also marked, at least in principle, the completion of the metamorphosis of
RUF into a political party known as the RUF Party (RUFP).
43. It is a strange situation: on the one hand, the Government of Liberia claims
that the provisions of subparagraphs 2 (a) to (d) have become redundant and, on the
other hand, it continues to violate the sanctions imposed under paragraphs 5 and 7.
These violations have been brought out clearly in two previous reports (S/2001/1015
and S/2002/470) and also in the present report.
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Part One
The context
Liberia’s internal conflict and regional instability
44. The internal conflict in the north-west of the country spread towards towns and
villages closer to the capital Monrovia in the months prior to the Panel’s new
assessment mission. Early in August, the Panel visited Guinea, Sierra Leone and
Liberia and found that a direct threat to the Liberian capital no longer existed after
the Government forces and militia started a series of counter-offensives around the
end of June, driving LURD out of such cities as Tubmanburg. These were clearly
assisted by the significant deliveries of arms and ammunition from Yugoslavia that
arrived at Roberts International Airport in June, July and August from Belgrade (see
part Two below).
45. The August shipment also included a new rotor engine and spare blades for
one of the Government’s military helicopters. Quickly repaired after months of
inactivity owing to a lack of spare parts, this helicopter was used immediately to
resupply overstretched bases closer to the front line in the north.
46. Likewise, the offensives of the different LURD factions have coincided with
new supplies of arms and ammunition. LURD strongholds and positions can only be
resupplied by road from neighbouring Guinea, Côte d’Ivoire and possibly Sierra
Leone. LURD operations in the first six months of 2002 suggest some training,
supply of new arms and overall command and control.
47. The military situation, however, remains very unclear and contradicting claims
of victories and losses by either side are very difficult to verify. Lofa is largely
inaccessible and the conflict has spread to areas closer to the capital that have
become inaccessible for independent observers or humanitarian agencies. In upper
Lofa, both LURD and government armed forces and militia operate on an axis
between Zorzor, Vahun, Kolahun and Voinjama. Individual fighters from both
warring sides regularly cross into the porous border zones along the Sierra Leonean
or Guinean borders.
Growing humanitarian crisis
Liberia is today once more facing a humanitarian crisis. The
fighting in the north-west has led to the multiple internal displacement of
hundreds of thousands of Liberians in addition to the exodus of nearly
200,000 into neighbouring countries. According to the World Food
Programme, only 35,000 internally displaced beneficiaries were
receiving food in February 2002 and that had increased to over 127,000
by September 2002. Thousands more internally displaced are thought to
have been trapped behind the front lines of the fighting without adequate
food security. Since the fighting is continuing and many displaced
persons are inaccessible, the number of internally displaced persons is
expected to significantly rise over the coming year.
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48. In Sierra Leone, the Panel obtained reports about small groups of hungry and
demoralized Liberian government soldiers or LURD rebels fleeing into border
villages, sometimes for purposes of looting and extortion. Abductions of civilians in
eastern Sierra Leone by unidentified men have also been reported — a reminder of
how fragile peace still is in this region.
49. The Panel once again received credible information about LURD members
stationed in Guinean border towns. The Panel met early in 2002 with LURD
representatives in the Guinean capital.
50. This illustrates how volatile this region is. The outbreak of violence in Côte
d’Ivoire only adds to this instability and will contribute to the continued proliferation
of bandits, rebel groups, mercenaries, uncontrolled police and militia in the entire
subregion. The Panel received numerous accounts of groups of mercenaries from
Sierra Leone, Liberia, Guinea, the Gambia, Ghana and Burkina Faso offering their
services to the various warring groups in the Mano River Union area. Along with
these armed men, weapons and ammunition continue to move across borders.
A.
Remnants of the Revolutionary United Front are still active
in Liberia
51. One such armed group comprises the remnants of the armed RUF in Liberia.
The Panel recognized the importance of paragraph 2 of resolution 1343 (2001),
subparagraphs (a) to (d), which includes a call for the expulsion of all RUF members
from Liberia and the cessation of all financial support of RUF. The Panel reported
(see S/2002/470) that remnants of the now defunct RUF in Sierra Leone have joined,
as mercenaries, the various warring factions in Liberia. Reports of hundreds of RUF
forming the core of some of the offensive units on the side of the Government of
Liberia are persistent.
52. Interviewed by the Panel in a country in the subregion, a key former member
of RUF, Ibrahim Balde (also known as Bah), told the Panel that the hardcore
elements of RUF, mostly Sierra Leoneans, had been integrated in the Anti-Terrorist
Unit in Liberia. Their current commander is General Benjamin Yeaten, a close
confident of President Taylor. It is said that the Unit’s continued loyalty to Sam
Bockarie is the latter’s guarantee to continued Liberian patronage. Bockarie is,
however, not thought to be staying in Liberia. The Panel, after repeated attempts,
was finally given permission by the Minister of Foreign Affairs to talk to the wife of
Sam Bockarie. She is living in Paynesville, a suburb of Monrovia, in a compound
with her four children and some other relatives. She told the Panel members that she
had not heard from her husband for at least six months. Two sources, one of them
Ibrahim Balde, told the Panel that Sam Bockarie had first been relocated to Zambia
after his departure from Monrovia and that he had last been seen in Ghana, as
reported earlier by the Panel (see S/2002/470).
53. Citizens and diplomats in Monrovia still regard the area where the Panel met
Sam Bockarie’s wife as a RUF stronghold and are frightened to go there. Balde and
another informed source in Monrovia estimated current RUF strength in Liberia at
between 1,250 and 1,500 men.
54. These men represent the last coherent surviving structure of the armed RUF
and they are maintained by the Liberian Government and continue to play an
important part in Liberia’s military capability.
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B.
Fears of the civilian population
55. Liberian citizens live in a constant state of fear, not only because of the LURD
insurgency but also because of fear of forced recruitment, maltreatment, looting,
extortion or other abuses by the undisciplined armed units deployed by the
Government, including the former RUF units. The regular armed forces, the various
militia and the groups of fighters have not received salaries for months, a situation
that encourages them to fight each other or to loot, steal or even kill innocent
civilians. Although cases of torture and maltreatment of civilians by the various
factions of LURD have also been documented, the population fears the Government
controlled forces even more.
56. On 8 February 2002, a state of emergency was declared. The Foreign Minister
and National Security Adviser claimed it was imposed in order to permit the
Government to use its resources, without constraint for security measures. This had
a serious impact on the ability of the political opposition, civil society, the United
Nations and other actors to engage effectively the Liberian Government in a peace
process and has increased the practices of intimidation, violence and human rights
abuses even further. The lifting of the state of emergency at the end of September
2002 creates a window to address these issues.
57. There is also strong evidence that some of the looting campaigns have been
stage-managed by the Government and then later blamed on the dissidents in an
effort to make a case against t