Report of the Technical Mission to Liberia on State-Building in Fragile and Post-Conflict

Report of the Technical Mission to Liberia on State Building in Fragile and Post-Conflict Contexts

Table of Contents

1. Role of the Mission 3

2. Country Profile 3

3. Program Profile 6

3.1 National Policy Priorities 6

3.2 Overview of international support to Liberia 8

3.3 UNDP Programming 9

3.4 World Bank Programming 11

4. Mission Findings and Suggested Next Steps 12

4.1 General Findings and Suggested Next Steps 12

4.1.1 State Building and the Politics of Inclusion 12

4.1.2 Capacity Development 16

4.2 Entry points: mission findings and suggested next steps 20

4.2.1 Rule of Law 21

4.2.2 Sub-national state building 28

4.2.3 Support to the Legislature 32

Attachment 1: Mission TOR 37

Attachment 2: Key donors by PRS pillar in Liberia 42

Attachment 3: Governance and Economic Management Assistance Program 43

Attachment 4: World Bank Portfolio and Pipeline 44

Report of the Technical Mission to Liberia on State Building in Fragile and Post-Conflict Contexts

1. Role of the Mission

A joint World Bank-UNDP mission visited Liberia from 29 June to 10 July 2009 to undertake one of two country studies as part of a larger initiative by the World Bank’s Fragile and Conflict-Affected Countries Group and UNDP’s Bureau for Crisis Prevention and Recovery aimed at strengthening their analytical work and guidance to country offices in the area of state building. The key objectives of the overall initiative are:

§  to enhance the effectiveness of UNDP and WB programs in support of state-building with a particular focus on capacity development assistance;

§  to identify potential approaches and activities to increase the effectiveness of UNDP and WB programs supporting capacity development in pursuit of state-building objectives; and

§  to generate inter and intra-agency learning, including the identification of indicators that capture progress achieved under state-building activities.

The terms of reference for the Liberia mission - at Attachment 1 - identified three potential entry points for the mission to examine in detail: rule of law; sub-national state building; and support to the legislature. Given the inclusion of a capacity development expert in the mission team, and the major work underway in the UNDP Country Office on the preparation of a ten year Capacity Development Plan, the mission was subsequently invited to also consider and advise on capacity development approaches.

This report sets out the findings of the mission. Sections 2 and 3 provide a brief country profile and program profile. Section 4 outlines findings and next steps: Section 4.1 presents general findings on state building and capacity development; and Section 4.2 discusses the mission findings in regard to the three specific entry points proposed by the World Bank and UNDP Country Offices. Sections 4.1 and 4.2 also include suggestions for future action in the areas discussed.

2. Country Profile

The history of the modern state of Liberia traces back to the efforts of a group of prominent white Americans in the early nineteenth century to return freed slaves to Africa. Beginning in 1822, freeborn black Americans, freed slaves of African descent and Africans rescued from slave ships were resettled by the American Colonisation Society on land dubiously acquired along the coast of the territory which subsequently became the state of Liberia.[1] The United States Government persistently refused to recognise the purchased areas as a colony, and the impasse was resolved in 1847 when the Monrovia settlers issued a “Declaration of Independence” severing their ties with the founding Colonisation Society and establishing Liberia as the first sovereign and independent black republic in Africa. The Americo-Liberians - about five percent of the population - ruled as a caste, exercising complete political and economic control over the people and resources of the state while erecting strong legal and social barriers against the indigenous population of over 16 tribes.[2] The exclusivity of the ruling Americo-Liberian view of the state is encapsulated in its motto: the love of liberty brought us here and in a founding Constitution which limited the vote to the owners of land in fee simple.[3]

While the territory of the state of Liberia expanded through the nineteenth and early twentieth century, legal possession did not equate with effective control and the governing oligarchy, with only limited resources and technology and challenged by the terrain, was unable to build an effective system of roads into the interior. Despite a massive road and rail construction program under Presidents Tubman and Tolbert (1944-1980), government writ remained very weak in vast areas of the interior.[4]

A military coup in 1980, led by Samuel Doe, ended the rule of the Americo-Liberian oligarchy. The brutality of the coup, which began with the assassination of the President and the execution of 13 Cabinet members a few days later, was a harbinger of the authoritarian regime to follow. It endured for ten years, progressively fracturing along tribal lines. Doe survived several coup attempts, finally being captured, tortured and killed in Monrovia in1990 against the backdrop of a savage civil war which had erupted several months earlier when Charles Taylor, a former political associate, invaded with a rebel force assembled from across the border in Côte D’Ivoire. Within months of the invasion, Taylor’s force grew into a vast irregular militia occupying and controlling 90 percent of the county, triggering the effective collapse of the Doe administration.[5]. A succession of 16 peace agreements were brokered in the period August 1990 to August 1993, but none succeeded in holding all parties accountable, the countryside beyond the capital remained under the control of various militias, and the violence against civilian populations continued[6].

Finally in August 1993, the Economic Community of West African States brokered a comprehensive peace agreement that achieved some traction and a United Nations Observer Mission was established in Liberia to support implementation of the terms of the peace. Delays in implementation and resumed fighting deferred elections initially scheduled for 1994. The election, when finally held during a period of comparative calm in 1997, brought Charles Taylor to power on the back of fear and resignation.[7] His rule was characterised by repression at home, support for rebel movements in neighbouring countries and a booming arms for diamonds trade with the rebel movement in Sierra Leone.[8]

Major fighting resumed in 2000 and by May 2003 two rebel movements that had emerged in the preceding few years had gained control of nearly two-thirds of the country and were threatening to seize Monrovia. Under intense regional and international pressure, the government and the rebel movements were compelled to seek a negotiated settlement and on 11 August President Taylor handed over power to his deputy.[9] A Comprehensive Peace Agreement was signed on 18 August which provided for the establishment of a National Transitional Government and requested the United Nations to deploy a peacekeeping force under Chapter VII of the UN Charter to support the Transitional Government and assist in the implementation of the Agreement.[10]

The civil war in Liberia claimed the lives of an estimated 250,000 people – at least half of them civilians – and led to a complete breakdown of law and order.[11] Nearly one million Liberians – one third of the population – were displaced, including some 300,000 who fled to neighbouring countries.[12] The war militarised Liberian society: loose militia groups lacking any statutory command and control structures proliferated. An estimated one in every ten children may have been recruited at some stage into the fighting.[13]

Poor governance and fourteen years of civil war transformed Liberia from a relatively wealthy country – albeit one marked by extreme distributional inequity - to one of the poorest countries in the world. GDP fell 90 percent between 1987 and 1995, one of the largest economic collapses ever recorded. In the mid 2000s, average income in Liberia was just one-quarter of what it had been in 1987, and just one-sixth of its level in 1979,[14] and the external debt stood at USD4.8 billion – 800 percent of GDP,[15] making Liberia one of the most heavily indebted countries, relative to its GDP, in the world.[16] Per capita GDP is estimated at US$190, some 63.8 percent of the population is below the national poverty line, and 47.9 percent live in extreme poverty. The country has a marked urban-rural divide, with a poverty incidence of 68 percent in rural areas compared to 55 percent in urban areas, and an extreme poverty incidence of 56 percent in rural areas compared to 29 percent in urban areas.[17]

The Liberian Truth and Reconciliation Commission has highlighted several factors as contributing to the outbreak and perpetuation of the conflict, set out below in the language of the Commission:

§  Governance, its overcentralisation, and the oppressive dominance of the Americo-Liberian oligarchy over the indigenous peoples’ rights and culture;

§  The lack of any permanent or appropriate mechanism for the settlement of disputes, the judiciary being historically weak and unreliable;

§  The duality of the Liberian political, social and legal systems which polarises and widens the disparities between the Liberian peoples – a chasm between settler Liberia and indigenous Liberia;

§  Ethnicity and the divisive clustering of the “peoples” of Liberia;

§  Entrenched political and social system founded on privilege, patronage, politicisation of the military and endemic corruption which created limited access to education and justice, economic and social opportunities and amenities;

§  Unfair discrimination against women and denial of their rightful place in society as equal partners;

§  Historical disputes over land acquisition, distribution and accessibility;

§  Lack of clarity and understanding of Liberia’s history, including its history of conflicts; and

§  The gradual breakdown of the family and the loss of its traditional value system.

Security Council Resolution 1836 (2008)[18] outlines the major challenges remaining in the consolidation of Liberia’s post-conflict transition: consolidation of state authority, massive development and reconstruction needs, the reform of the judiciary, extension of the rule of law throughout the country, and further development of the Liberian security forces and security architecture, in particular the Liberian National Police. The Resolution notes that crimes of corruption and violence, in particular with regard to the exploitation of Liberia’s natural resources, threaten to undermine progress towards these ends.

3. Program Profile

3.1 National policy priorities

The Government’s Poverty Reduction Strategy for 2008-2011 has been described by the President as “the bedrock of (my administration’s) policy direction”.[19] The Strategy is built on four pillars:

1. consolidating peace and security;
2. revitalising the economy;
3. strengthening governance and the rule of law; and
4. rehabilitating infrastructure and delivering basic services.

The four pillars provide the framework for an ambitious three year action plan, built around defined objectives and sets of associated activities:

§  Pillar 1 focuses on the development and supervision of the security forces, with the following objectives:

o  provide strategic and statutory guidance for security institutions;

o  build the capacity of security institutions;

o  provide adequate territorial protection and law enforcement services to the general population of Liberia; and

o  ensure institutional participation in security governance and functions.[20]

§  Pillar 2 focuses on sustainable growth and development through the revitalisation of agriculture, the expansion of mining, management of land, the building of an enabling environment for the private sector, development of the financial system, employment promotion and the rationalisation of government enterprises. A challenging set of 29 objectives are laid out, most of which demand strong public policy, regulatory, administrative and supervisory capacity for their achievement. Each objective is itself supported by a number of specific actions.

§  Pillar 3 focuses on building and operating sound institutions and systems – in partnership with citizens - to support democratic governance, accountability and justice. A challenging action program is outlined to give effect to the four objectives under this pillar, namely:

o  Increase and enhance citizen participation in and ownership of government policy formulation and implementation;

o  Strengthen and enhance the effectiveness and efficiency of public institutions and functionaries;

o  Strengthen and enhance the effectiveness and integrity of legal and judicial institutions; and

o  Expand access to justice, and enhance the protection and promotion of human rights under the laws of Liberia.

§  Pillar 4 focuses on the rehabilitation, maintenance and management of infrastructure – including roads, public buildings, ports and airports, transport services, energy, posts and telecommunications and water and sanitation - and the provision of basic health care and access to educational opportunities at all levels. This broad sweep of activity is organised under 34 objectives. A threshold question, raised in the text of the Strategy, is the character of state involvement in the delivery of basic infrastructure and services. This includes a consideration of cost recovery, the regulatory and oversight institutions to be involved, public/private engagement, and the extent and sequencing of the decentralisation of service delivery.[21]

The Strategy notes that:

Achieving these goals requires building new systems of government, based on accountability, transparency, and the rule of law. There are three key pieces to this effort: strengthening the core capabilities of the executive branch, building the capacity of the Judiciary and Legislature and enhancing their oversight role, and progressively decentralizing government functions across the counties. First, Liberia aims to build a smaller, better paid and more professional civil service. The Government will continue to place a high priority on rebuilding its human capacity, since doing so is central to achieving all of its objectives. It will fight corruption throughout the public service and build effective systems for financial oversight and accountability, including encouraging the development of stronger civil society groups. Second, it will strengthen the judicial and legislative branches of government, and move Liberia away from a system of concentrated executive powers that fostered many of the abuses of the past. Third, it will work to build capacity within local government and progressively shift economic and political power to the counties and communities, so they will be empowered to participate effectively in decision-making and take control of local issues and development processes.[22]

The World Bank’s Joint Staff Assessment of the PRS highlights the capacity and budgetary challenges confronting execution of the Strategy. It notes that the significant capacity constraints underscore the importance of prioritising policy interventions to ensure key objectives are achieved over the Strategy implementation period. Donors will need to underwrite two-thirds of the cost of implementation as Liberia can only meet one-third from its own resources while maintaining its policy commitment to a balanced budget.[23]