From Freetown, Sierra Leone.
Volume 1: Chapter 4: Management & Operational Report
CHAPTER FOUR
Management and Operational Report
1. Section 7 of the Truth and Reconciliation Commission Act 2000
outlined the methods the Commission should use to realise its
objectives. They include the following:
Undertaking investigations and research into key events, causes, patterns of abuse or violation and the parties responsible;
Holding
sessions, some of which may be public, to hear from the victims and
perpetrators of any abuses or violations or from other interested
parties; and
Taking individual statements and gathering additional information with regard to the matters being investigated or researched.
2.
The Act provided for an operational period of twelve months within
which the Commission was to achieve its objectives, with the
possibility of a six months extension.
3. This chapter will
review the management of these operations by the Commission, after the
dissolution of the Interim Secretariat, from the statement taking
(December 2002 to March 2003), investigations and hearings (April to
August 2003) to the report writing (August 2003 to March 2004) and will
outline the challenges faced by the Commission and the lessons learned.
The Operational Plan
4.
The Project Document on the Commission, prepared by the Office of the
High Commissioner for Human Rights, Geneva, envisaged an operational
period of three major phases, namely: deployment, investigation and
reporting, each lasting for four months. The staff requirements of the
Commission were to be calibrated with the specific requirements of each
operational period. The Commission was to retain a core staff of 28
while another 70 were to be recruited on short-term basis, not
exceeding 6 months, depending on need.
5. According to the
project document, during the deployment stage, the Commission would
send staff to various localities to collect information and to review
already existing testimonies. The Commission deployed 14 teams of 5
persons each to the 12 districts and 2 teams to the Western Area (which
was split into Freetown East and West respectively) to collect
information. The work of the teams were coordinated by regional
coordinators based in each of the regional headquarter towns.
Activities during this phase included the public dissemination of
information on the mandate, organisation and basic structure of the
Commission, from the village through to the chiefdom, district and
national levels, collection and revisiting of testimonies from field
investigation, collecting and collating information.
6. During
the investigation stage, the project document envisaged the conduct of
in-depth investigations, analysis and systematisation of the
information with a view to verifying their authenticity. This would
include detailed investigations of testimonies and cross checking
information on human rights abuse and violations. Once the district
teams had received voluntary statements, reviewed testimonies,
investigations would be carried out to authenticate the violations and
abuses. The Commission was also to identify and investigate the
“window” or representative cases that would form the bedrock of the
report. Other activities envisaged during this phase would include
public hearings, reconciliation procedures and identification of the
main elements of the final report.
7. The project document
proposed that during the reporting stage (divided into systematisation
and analysis; and final report stages), the Commission would start
finalizing the content of the report, reviewing its consistency,
drafting its conclusions and recommendations, organizing its archives,
classifying documentation in accordance with the mandate and preparing
for the presentation of the Report to the President of Sierra Leone.
The systemisation and analysis stages were to require substantial
interpretative and advocacy work, necessitating the creation of
thematic teams to prepare the final report. Reconciliation activities
were to take place at all stages of the work of the Commission, and
range from local ward, village and town activities to national
programmes. At the final Report writing stage, a much smaller team
would be required to assist the Commissioners in reviewing the
consistency of the Report, drafting its conclusions, classifying
documentation in accordance with the mandate etc.
8. The
Secretariat of the Commission was to function in a decentralized
manner, with a network of offices at the 13 operational districts,
coordinated and linked to the headquarters in Freetown through the
regional offices in the Northern, Eastern and Southern provinces. The
district offices were to be based in already existing offices of NGOs,
consistent with the policy thrust of the Commission to support and link
up with existing local structures.
9. An operational plan was
developed providing for the commencement of statement taking on 4
December 2002 to 31 March 2003, while investigations and hearings would
commence on 7 April 2003. The report writing would start on 1 August
and would be completed before the end of the twelve months life span on
3 October 2003. The Report would then be submitted to the President of
Sierra Leone later in October 2003.
Statement Taking
10.
The Commission had to recruit, train and deploy 73 statement takers
within a three-week deadline so that statement taking could start on 4
December 2002. The process for recruiting and training the statement
takers has already been discussed elsewhere in this Report.
11.
The training programmes were conducted in Kenema and Freetown. A major
constraint was time. The Commission approved the revised operational
plan on 12 November 2002. The statement taking positions had to be
advertised, applicants interviewed and recruited. There was therefore
only a three-week period between recruitment, training of the statement
takers and their deployment.
12. The Commission faced four key
challenges during the pilot phase of the statement taking. The first
was the lack of staff. The two international staff members were
supported by an administration and logistics officer, an accounts
officer and an office assistant to supervise the 73 statement takers.
The staff had to assume multiple roles to get the statement taking off
the ground.
13. The second challenge facing the statement
taking process was funding. UNDP was the clearinghouse for disbursing
funds to the Commission and it was charged with ensuring that
disbursements were in accordance with UN procurement procedures. While
this process is suitable for ongoing UN programmes, it was problematic
for a short-term intervention such as a truth commission, where funding
needs could not be predicted with certainty. Matters were complicated
by the fact that until April 2003 minor purchases had to be approved by
UNDP. Delays occurred frequently in the release of funds and affected
many of the activities that were scheduled to take place.
14.
The third challenge was the recruitment of statement takers. Guidelines
had been established for their recruitment. The Commission did not have
the luxury of time to engage in an elaborate recruitment process.
During the consultations the Commissioners had in all the districts
between September and November 2002, the people had wanted assurances
that the Commission would emphasise local ownership and participation
through recruiting people to work in their respective communities. They
believed that this would give confidence to prospective statement
givers that those who would take their statements had the requisite
sensitivity to customs and local mores. The project document on the
Commission had stipulated that statement takers be recruited from NGOs
and civil society organisations in the respective districts.
15.
As provided for in the project proposal, the Commission relied largely
on NGOs which were members of the Human Rights Committee established by
UNAMSIL. It also relied on the UNAMSIL Human Rights Officers in the
districts to make recommendations of potential candidates. The
Commission recruited most of the statement takers who had worked for
the Campaign for Good Governance in the “Mapping Project” and some of
those who participated in the research project on the conflict. Because
of the limited time for training, the Commission conducted follow up
training programmes to deal with lapses in performance.
16.
Finally, the Commission encountered tremendous logistical constraints.
The Commission had contracted a car rental company to provide four
wheel drive vehicles for the statement takers in the districts. Each
district team reported problems with the vehicles or the drivers
assigned to them. Due to the frequency of breakdowns, the Commission
terminated the vehicle hire contract and diversified the range of
suppliers. Items such as audio recorders and tapes were difficult to
come by. The Commission was unable to procure digital video cameras for
the use of the statement takers until the last month of statement
taking.
17. These challenges persisted to certain degrees
throughout the statement taking phase of activities. New and permanent
staff began to arrive from early February, well into the statement
taking exercise.
18. The Commission could not ignore the
thousands of Sierra Leoneans outside the country in the statement
taking exercise. It partnered with the UNHCHR in arranging for visits
to refugees camps and other locations within the sub region by
Commissioners and staff. UNHCR facilitated a visit to the refugee camps
in Guinea by a commissioner and one staff member. This sensitisation
visit was followed by the deployment of a statement taker in Guinea.
The statement taker trained some of the refugees in statement taking,
and together with them, took statements from many of the refugees.
UNHCR paid all the accommodation and local travel costs of the
statement taker.
19. The Commission attempted to partner with
the Ministry of Foreign Affairs in Freetown in reaching out to Sierra
Leoneans in different parts of the world, especially those in Europe
and North America. The Commission had placed the statement taking
protocol in a private website popular to Sierra Leoneans -
www.sierra-leone.org . Sierra Leoneans could visit the site, and
download the statement. After filling the form he/she was then required
to send it to the nearest Sierra Leonean high commission or embassy,
which would then send it to the commission under diplomatic cover, to
ensure that the confidentiality requirements were complied with.
Regrettably, the Commission did not receive a single statement through
this process.
20. The Commission sent missions to countries in
West Africa to interact with Sierra Leoneans and encourage them to make
statements. It relied on the Ministry of Foreign Affairs to liaise with
the respective host ministries and make facilities available to the
Commission upon arrival. Regrettably the Ministry failed to notify the
Sierra Leonean missions in these countries about the arrival of the
Commissioners. The teams were forced to make their own local travel and
other arrangements upon arrival.
21. The Commission had made
adequate preparations for the security of the statement takers,
including having the police service designate a liaison officer who
could be contacted at any time of the day. Statement takers liaised
with the police divisions in all the communities they visited. Apart
from isolated cases of threats made by a few uniformed soldiers in the
Eastern part of Freetown, the statement taking was conducted without
incident. The chiefs and community elders were very cooperative and
some of them mobilised their community members to make statements to
the Commission.
22. There was limited storage space within the
Commission’s offices. Statements were locked up in safes and drawers
pending the establishment of a database for the Commission. The coding
and entry of the statements into the database continued well into the
report writing phase. The Commission had to rely on the entries in the
statement taking forms as most statement takers were unable to
transcribe the audiotapes of their statements. Hundreds of hours of
audiotapes remain waiting to be transcribed. This shortcoming seriously
impacted on the ability of the researchers, investigators and report
drafters to complete their tasks.
23. The database was not
established until well into the statement taking exercise. This late
start meant that much of the statement taking process was denied the
benefits of informed feedback from the ongoing analysis of the
information.
Recruitment of Staff
24.
This was a problematic process for the Commission. The process of
recruitment which began in November 2002 was concluded in February
2003. The recruitment was concluded with the hiring of a new executive
secretary in mid February 2003. A lesson learnt from the recruitment
exercise was the importance of personal interviews. Some people spoke
quite well at their telephone interviews but turned out to be
unsuitable for the position. A key lesson is the need to conclude the
hiring of the key staff before operational activities begin.
25.
The Commission did not move into its permanent offices until February
2003, one month before the end of statement taking. Most of the staff
that had been recruited had no offices or equipment. They had to share
computers and other office facilities.
Investigations
26.
The “Mapping Report” was to serve as preliminary identification of key
investigation activities for the Commission. The report was concluded
in July 2002. There was not a single investigator in the employment of
the Commission at that time, and up till February 2003. With the
revision of the operational plan in November 2002, the investigation
objectives also had to be revised. It was no longer feasible to
investigate as many of the individual cases for corroboration.
Furthermore, not all of the window cases would be investigated.
27.
Ordinarily, investigations would be a prelude to the hearings, enabling
the Commission to unearth all necessary information and materials as
would make the hearings meaningful. With a revised operational plan
that had specific time frames for all activities, this was no longer
feasible. The investigators were only recruited in March 2003. It was
not possible to tie investigations to the hearings. The investigations
would simply feed into the research and under pin the report writing,
especially in relation to accountability and responsibility for the
violations.
28. There were to have been two international
investigators. Only one had been recruited by February 2003. The post
of second investigator was scrapped due to funding constraints.
29.
The investigators encountered logistical constraints. They had no
computers until late in April 2003. It was difficult to find vehicles
that could endure the road conditions for a sustained period of time. A
vehicle breakdown would mean sending a repair team from Freetown or a
second vehicle while another team would leave for the provinces to
retrieve the first one. This impacted on the time for the completion of
scheduled investigations.
30. Some of the investigations
required travel outside Sierra Leone, to Liberia, Nigeria and Guinea to
investigate the roles of the NPFL and the Nigerian armed forces, and
the Guinean connection to illegal arms trade with the RUF during the
conflict. However there were no resources to send investigators outside
the country and the plans were shelved.
31. There was some
reluctance on the part of some witnesses in cooperating with the
Commission’s investigators. This was most notable in the Southern and
Eastern provinces, the heartland of the Kamajor militia. Many people
took offence that the Commission was asking questions about the
movement, when they claimed they had defended democracy. Many refused
to cooperate with the investigators and during the hearings would not
answer questions about the internal management and operations of the
Kamajors.
32. There were seven investigators in all including
the head of the sub-unit. While the TRC Act did not require the
Commission to investigate each statement made by a statement giver for
purposes of determining their qualification for compensation or for any
other remedy, the Commission would have benefited with more
investigators. One option not explored by the Commission was reaching
out to supporting governments, who could have seconded investigators to
the Commission at the cost of the home governments. This would have
allowed the commission to conclude its work within the time available
while developing the skills base of the Sierra Leonean colleagues.
Research
33.
Research was conducted simultaneously with investigations. Researchers
were recruited in February 2003 while the head of the sub-unit arrived
the following month. The first task the team faced was to prepare for
the hearings. This included selection of witnesses for hearings,
locating of witnesses, arranging to have them present during the
hearings, and having counsellors brief them about what to expect. These
activities took the whole of March and April 2003. The team also had to
prepare briefing notes for the Commissioners and staff participating in
the hearings.
34. The database developed by the Commission to
capture statements about violations and abuses proved inadequate for
purposes of hearings. Using the selection criteria for hearings already
discussed in this report, the team had to develop summaries of the
testimonies provided by the statement givers. It was also necessary to
provide the alleged perpetrators with an opportunity to tell their own
stories, and where they wished and the victims were willing, to meet
with the victims and pursue options for reconciliation.
35.
The hearings team developed a mini database to capture the selected
statements for hearings. This meant that the team had to manually trawl
through the thousands of statements using the selection criteria to
identify statements suitable for hearings. These were then entered into
the mini database, and efforts made to contact the statement givers.
While databases are established to capture “who did what to whom, when,
where, why and how,” they could certainly do more. If the database used
by the Commission had a bigger section for narratives and captured
those well, and the design of the forms for capturing the statistics
had allowed for the inclusion of human interest angles and not just
numbers and statistics, the Commission would have been able to quickly
identify and select cases for hearings and saved a lot of time in
addition.
36. In May 2003, the Commission organised the first
research conference where the thematic themes were created and
researchers assigned specific research topics. Further research
conferences took place after the hearings in August and September 2003
with the participation of the Commissioners. The amount of information
collected during the statement taking and from other sources was
enormous. With only eight researchers, it became obvious that the
October deadline for the submission of the report to the president of
Sierra Leone was overly ambitious.
Hearings
37.
The commencement of hearings had to be postponed by one week to 14
April 2003 to allow the Commission to make adequate logistical
arrangements. The first challenge the Commission faced was to receive
submissions from institutions, organisations and members of the public.
As early as December 2002, the Commission had written to a select group
of people from diverse institutions and backgrounds seeking
submissions. From March 2003 that the first submissions began trickling
in.
38. Many role-players invited to hearings did not appear or
request a re-scheduling of their appearances, despite being notified
well in advance of the dates and times for the hearings. The Commission
had to issue subpoenas against five serving ministers and leaders of
government institutions, including the Attorney General, and the
chairman and secretary of the ruling political party. All this happened
despite the president’s public admonition to all public officials at
the commencement of hearings to cooperate with the Commission, and in
spite of the fact that the TRC Act made it mandatory for all public
institutions to respond to the Commission’s summons. The former head of
state, Capt. Valentine Strasser who had ignored the Commission’s
invitation on several occasions was also subpoenaed and compelled to
testify.
39. The Commission made every effort to have the
broadest possible representation at the hearings, in particular at the
thematic, event specific and institutional hearings. Only the SLPP and
the APC participated in all the hearings to which political parties
were invited. Although the RUFP had suffered institutional collapse,
Secretary General, Mr. Jonathan Kposowa did attend and make submissions
at some of the hearings.
40. Up until the hearings, the
Commission did not have any equipment in its Media and Public Education
Unit. The Commission had been hiring media equipment for all its public
activities. For the hearings, the Commission had to procure its own
equipment to minimise the cost and ensure that the right type of
equipment were always available. The equipment enabled the Commission
to partner with the state and private media to broadcast its hearings
live, both in Freetown and in the districts via radio stations. The
State television service, SLBS broadcasted a forty five minute summary
of the day’s proceedings each evening.
41. In the Commission’s
view, most of its activities were not sufficiently covered by the state
media, particularly during the preparatory phase and early in the
operational phase of activities. Scores of video tapes lie at the
Commission’s offices unaired by the state television service, which is
the only TV station in the country.
42. The operational plan
provided for daily hearings in Freetown for the first two weeks and
then alternate weekly hearings in Freetown on thematic issues with
weekly hearings in the districts. The Commissioners split up into two
groups for purposes of hearings in the districts so that two district
hearings could took place simultaneously. Each team departed Freetown
on a Sunday for a district and spent the next five days conducting
hearings in the district. The team would return to Freetown the
following Saturday for another week of hearings in the city starting on
the Monday.
43. There were a number of constraints to
organising hearings in the districts. Hearings could only take place at
district headquarters despite the commission’s desire to conduct
hearings in as many communities as possible, in particular, in those
communities that suffered greatly during the conflict. In many of the
communities, the infrastructure that could support the hearings such as
community halls or school buildings had been destroyed. Accommodation
facilities for the Commissioners and staff were also not available and
opportunities for catering and other services such as water supply were
minimal.
44. In the districts, the Commission used school
halls, community and faith based facilities for the public hearings.
Apart from the provincial capitals, there were limited hotel facilities
in the districts. The paramount chiefs, traditional leaders, officers
of government including the provincial ministers and UNAMSIL assisted
the Commission in providing accommodation facilities. Many of them made
their homes available to the Commissioners and staff at no cost. The
military contingents, in particular, the Pakistani and the Nigerian
contingents in many of the districts were generous in providing
sleeping tents and catering facilities within their camps for the
Commissioners and staff.
45. There was a staff support
complement of 25 people for each hearings team. The Commissioners had
to travel with all the facilities they would need as these could not be
obtained in the districts. They included bottled water, tables, chairs,
lights, batteries, printers and generators.
46. Accessing
witnesses proved problematic both in Freetown and in the provinces.
Many of the witnesses had changed addresses. Some of them gave their
statements when they were still displaced from their homes. Some had
returned to their home communities or moved on. Others no longer wished
to testify. Some were afraid that there could be repercussions to their
testimony such as retaliation. The Commission was engaged in a daily
process of seeking and replacing witnesses and looking for new ones.
47.
Even where the witnesses were willing, bringing them to the hearings
venue was another challenge. In Freetown, this was relatively easy. In
the provinces, some of the witnesses lived eighty or more miles away
from the district headquarters. Because the Commission arrived at the
district usually a day before the commencement of hearings, it was not
possible to bring the witnesses there earlier.
48. The terrain
in most of the districts is rugged, made worse by the impassability of
the roads due to several years of neglect occasioned by the war. On
many occasions, vehicles sent out to bring witnesses broke down on the
way. On occasion, the Commission had to abandon broken down vehicles in
the districts because repair facilities could only be obtained in
Freetown or at the provincial headquarter towns. Communication with the
Commission headquarters in Freetown was impossible because most of the
districts did not have telephone services.
49. Public attendance
at the hearings in Freetown was poor. Apart from the opening ceremony
and the hearings of high profile persons, attendance was low. It is
possible that the live broadcast of the hearings on radio made
attendance unnecessary for a majority of the people. The hearings
recorded full houses when the Commission conducted public hearings on
women and children. The Commission’s appreciation goes to the members
of its research staff on women and children, and to UNICEF, UNIFEM, the
CFN, Voice of Children’s Radio, the CPAs and other agencies which came
together to make those hearings memorable.
50. Public attendance
at the district hearings was significantly higher. In most of the
districts, hundreds of people attended the hearings. The average daily
attendance was more than 100 people. In districts with broadcast
facilities, people showed up at the hearing venues clutching their
radio sets to their ears, listening to the live broadcast and at the
same time, being direct participants in the proceedings unfolding
before them.
51. The hearings programme was a very punishing
schedule that allowed the Commissioners very little time to review
their notes and make full preparations for the hearings. It was
embarked upon because the Commission was still uncertain that it would
find the funding for an extension of its time frame. It therefore raced
to complete everything before October 2003.
The Memorandum of Understanding and the Joint Implementation Committee
52.
To formalise the support of the international community to the
Commission, especially in relation to the management of the funds and
for the provision of other support by UN agencies in Sierra Leone, a
Memorandum of Understanding (MoU) was entered into between the
Commission, the Government of Sierra Leone, OHCHR, UNDP and UNAMSIL.
The MoU outlined responsibilities of the each of the signatories.
53.
The Government of Sierra Leone would assist the Commission in acquiring
offices as appropriate in Freetown and in the three regional
headquarters. The Government was required to do all within its powers
to facilitate the operations and functioning of the Commission and to
allocate funds for its operations. The government provided office
accommodation for the Commission in Freetown and the funds for the
renovation of the premises. After the grant of a six month extension to
the Commission, the government provided funding to pay the salaries of
Sierra Leonean Commissioners and national staff members to enable them
to archive the Commission’s materials.
54. UNAMSIL was
required to facilitate the movement and transportation of Commissioners
and staff on scheduled helicopter flights on space availability basis.
OHCHR was required to provide technical assistance to the Commission
and assist it in the raising of funds to support its activities and
operations.
55. The MoU provided that the funds raised by OHCHR
shall be transferred to UNDP Freetown to be utilised for the sole
purpose of meeting the costs of the Commission as set out in the
project document and the costs of support services. UNDP Freetown would
in accordance with the United Nations Financial Regulations and Rules
administer the funds. All procurement arrangements were to be entered
into in accordance with the provisions of such regulations and rules.
56.
OHCHR’s monitoring of its funding under the MoU would be effected
through a local Joint Implementation Committee comprising of three
representatives from the local donor community of UN Members States,
one representative each from UNAMSIL, UNDP and OHCHR. The Committee was
to be established in Freetown to ensure that the funds were utilised
exclusively for the purposes of the Commission.
57. The Joint
Implementation Committee was to meet once every three months to assess
the status of implementation of the activities and to review the
narrative and financial report for submission to OHCHR. The Joint
Implementation Committee could not be constituted until July 2003 when
it held its first meeting. After that meeting, no further meetings were
held until the Commission completed its work
58. Finally, UNDP
in addition to its assistance in the financial management was to
provide technical support to the Commission in staff recruitment,
placement and grading. Following this provision, all Commissioners and
staff were issues with Special Service Agreement contracts by UNDP.
Report Writing
59.
One of the challenges the Commission grappled with was whether it
should publish a brief report of about 200 pages so as to meet the
timeframe for the completion of its work. The Commission concluded that
it would be doing injustice to its mandate and the people of Sierra
Leone if it published a brief report. In the first place, most of the
issues at the root of Sierra Leone’s decline and which led to the
conflict could not be thoroughly examined in a report of such length.
Furthermore, Sierra Leone was still a divided country which required a
thorough examination of the issues.
60. The Commission
acknowledged that a commitment to canvassing all the issues in the
report would require time. This would necessitate an extension of the
time frame for the Commission. The Commission also needed to make up
for the six months it lost during its start up phase. The government
granted the Commission a six months extension commencing from October
2003.
61. While drafts of the various themes constituting the
report had been produced by the end of December 2003, they were not in
a publishable state. The Commission and OHCHR agreed on a remedial
measure which would spill over into the New Year. A Report Rewriting
Committee was established in January 2004 composed of the Head of the
Information Management Unit and four other consultants, to rewrite the
entire report.
62. It was further agreed that the Commission as
a formal body would be wound up on 31st December 2003. All the
remaining staff members of the Commission would be disengaged except
essential staff to assist the consultants in rewriting the report. The
Rewriting Committee would work on the drafts of the report and present
a re-written report for the consideration and approval of the
Commissioners in the New Year.
63. The consideration and
approval of the report began on 1st March 2004 and was concluded on the
17th of the month. Early on, the Commissioners strove for consensus on
the report. While there were sharp disagreements on a number of issues,
the final report is the product of consensus building among
commissioners.
Concluding Activities of the Commission
64.
The concluding activities of the Commission included work on archiving
its materials, conducting an audit of its financial management and the
printing and dissemination of the report. The Commission had hired the
services of a team of consultants from the University of Sierra Leone
to archive the materials it had acquired. OHCHR had pledged to support
the process by recruiting a consultant to assist in digitising the
materials. While the materials have been archived, and are presently
housed at the University of Sierra Leone on an interim basis pending
the establishment of the Human Rights Commission, the final custodian
of all the materials, the digitising is yet to take place. Digitising
will help to protect the materials and prevent wear and tear. The
Commission hopes that the materials will be digitised within the
shortest possible time.
65. In accordance with the MoU, that an
audit of the Commission’s financial management be conducted before the
conclusion of its activities, the Commission hired the firm of KPMG to
conduct an audit inquiry from the establishment of the Interim
Secretariat on 1st April 2002 to the winding up of its administrative
structure on 31s December 2003.
66. The auditors raised a number
of queries for the response of the Commissioners. It found the
management of the Commission lax in complying with the procedures on a
range of issues including procurement, recruitment and financial
reporting. Its conclusions were that there was poor supervision of the
financial management by the Commissioners.
67. The printing of
the report was the final activity that engaged the Commission before it
concluded its work. A number of options had been explored including
printing the report in Europe, South Africa and Nigeria. The Commission
settled for Ghana.
68. The Commission was remiss in not
establishing a website. While the Commission had hired an IT manager
who had designed a website for the Commission, the establishment of the
website was not concluded before his services were terminated.
Negotiations were subsequently begun with the Open Society Institute
for West Africa (OSIWA) towards establishing a website for the
Commission. OSIWA would recruit a consultant who would maintain the
site pending final handover of the site to the Human Rights Commission.
69. The Commission was further remiss in not concluding
arrangements for the dissemination for its report. Civil society
partners of the Commission had been engaged in long term planning on
disseminating the report. In partnership with the Human Rights Section
of UNAMSIL a number of preliminary meetings had taken place to outline
a dissemination strategy and plan. UNICEF also wished to use the report
as an advocacy tool for its programmes and had engaged in meetings with
staff of the Commission on the plans for the dissemination of the
report. The Commission however failed to accept or support the offers
of dissemination made by such groups and as a result no arrangements
for dissemination were in place at the time of the report’s publication.
70.
The NGO WITNESS which received independent funding to produce the video
version of the report, created a dissemination fund to assist civil
society in Sierra Leone disseminate the video report. The fund includes
support for TV and VCR sets and broadcast equipment so that the NGOs
can engage in public education activities throughout the country. The
Commission accepted an offer by WITNESS to piggyback the report
dissemination on the back of the video distribution.
FINANCIAL REPORT
71.
The preliminary budget on the Commission was $9,998,091 million. It was
produced in February 2002 by OHCHR with input from the Budget and Human
Rights sections of UNAMSIL. The budget was a provisional one that was
to be considered and modified where necessary by the Commissioners.
72.
An appeal was launched by the High Commissioner for Human Rights on the
21st February 2002. The possible six month extension of the Commission
was not considered in the preparation of the budgetary estimates. In
its resolution 1370 (2001) of 18 September 2001 and 1400 (2002) of 28
March 2002, the Security Council had urged donors to commit funds to
the Commission. The Commission on Human Rights had also requested
assistance to the truth and reconciliation process in Sierra Leone in
its resolution 2002/20 adopted at its 58th session. These calls were
reiterated by a Presidential Statement issued by the Security Council
after its informal consultations on Sierra Leone on 22 May 2002 in
which the Council urged donors to contribute generously and provide
urgently needed funds to the Commission.
73. Following the
appeal, an informal donors briefing was organised by OHCHR on the 25th
February 2002. The majority of the donors in attendance displayed a
keen interest in the activities of the Commission despite concerns
about the limited time available to implement a large number of
activities. However no firm commitments were received from the donors.
74.
Another donors briefing was organised by OHCHR on 5th June 2002. The
donors strongly urged a reconfiguration of the budget with indications
of what could be done with minimal funds. The general consensus among
the donors was that the budget was over ambitious. They recommended a
revision of the budget since it was unlikely that OHCHR would raise the
US$ 9.9 million required under the budget. As at that date, only the
United Kingdom had made available some funds for activities related to
the Commission, amounting to US$ 502,873. Other donors indicated their
interest in contributing, but had not made pledges in writing. This was
one month prior to the launch of the Commission.
75. The
Commission revised the budget to $6,587,668.00. The budget was
realigned to meet the operational exigencies at that time. Despite the
revision of the budget in 2003, pledges received amounted to only US$
3.7 million by the middle of the year. In his appeal, the High
Commissioner lamented that the continued operations of the Commission
required that donors respond to its funding requirements.
Highlights of the revised budget
76.
Considerable efforts were made to reduce the budgetary requirements of
the Commission whilst at the same time maintaining a credible proposal
which reflected the minimum requirements for an optimal and effective
Commission. Changes were made in a number of areas.
Composition of staff
77. Reductions were made in the total number of staff from 135 to 98 (that is, 18
international
and 80 national staff) and in the number of full-time staff. This
brought down the total staff costs to US$ 3,131,766 from US$ 5,958,183.
These reductions impacted on travel, recruitment, health insurance,
office space and communication equipment.
78. The initial
requirements for 188 field staff for four months was substituted with a
proposal for 74 field staff to be sub-contracted through local NGOs to
assist with data collection and collation. The remuneration for the
staff during the period of their work was provided by the Commission
and the concerned NGOs on a cost-sharing basis. The cost-sharing
arrangement not only reduced costs but also provided for the training
and skill development of staff affiliated to local groups.
79.
The initial provision of consultants to allow the Commission to recruit
expertise in specialized areas where it may be deficient was
eliminated. The proposed cumulative remuneration for local staff was
reduced to 38% (US$ 1,160,798) of the original estimate (US$ 3,084,050)
through a reduction in salaries. The initial salary estimate based on
the local consultancy scale was substituted with the common salary
scale for local staff developed by UNDP Freetown.
Operational structure of the Commission
80.
The operational units of the Commission were reduced by merging the
legal and reconciliation units and submerging the research and
investigation units as sub-units under a new information management
unit (IMU). The IMU would be responsible for organising and
implementing the process of collecting, collating and analysing
information. In the revised format, instead of six operational units
there would be four such units (i.e. administration and programming;
public information and education; legal and reconciliation; and
information management).
Subcontract services
81.
The cost of rental, maintenance and utilities for premises was reduced
by eliminating the provision for rental of a villa for Commissioners
and three provincial offices since the Government was expected to
provide these facilities. The cost of rental of vehicles increased to
cover the expenses incurred during the deployment phase and due to the
reduction in the number of vehicles to be purchased.
82. The
cost of contractual services increased because an additional provision
was made for forensic investigation (US$ 30,000), security of documents
and protection including communication software with encryption
capabilities, information backup devices and information technology
security expertise. The provision for forensic expertise will provide
the Commission with the required expertise to follow-up on the
recommendations of a forensic team commissioned by OHCHR to conduct a
preliminary assessment of mass graves and execution sites in Sierra
Leone.
83. Public information production costs increased due to
the inclusion of expenses relating to the maintenance of portable
recorders and satellite receivers to be used during the public sittings
of the Commission.
Seminars
84.
An additional provision of US$ 14,000 was made for seminars during the
preparatory period to support strategic planning, policy development
and capacity building workshops for staff of the Commission and their
implementing partners in crucial areas such as research methods, data
analysis, investigation methods, information verification, gender
sensitivity and psycho-social and other support structures. These
activities were not carried out because of the administrative crisis in
the Commission.
Procurement
85.
With a reduction in the number of staff, the procurement requirements
were cut in terms of the number of vehicles, office equipment, data
processing and communications equipment and miscellaneous equipment and
generators. The number of vehicles was reduced by two thirds bringing
the total cost to US$ 178,825 from US$ 428,950. UNAMSIL made available
to the Commission the use of its shuttle, taxi-despatch and scheduled
helicopter services to the Commission at no additional costs.
86.
Equipment maintenance, spare parts, supplies and communications
increased because of the inclusion of the costs for mobile telephone
services to augment the existing and largely inefficient fixed-net
telephone services.
Miscellaneous
87.
The provision for miscellaneous services increased because the budgeted
adopted a 5 per cent flat rate of total expenses in addition to staff
medical costs and bank charges as opposed to the previous fixed
miscellaneous rate of US$ 100,000 in addition to other costs including
bank charges, medical costs and official hospitality.
The statutory preparatory period
88.
An additional provision was made for the sum of US$ 297,654 to support
the operational requirements of the Commission during the statutory
preparatory period. This provision deviated from the earlier proposal
which provided for personnel only on the assumption that most of the
work of the Commission during this period would be in its Freetown
office. The additional provision responded to the objectives of the
Commission to immediately commence implementation of its policies and
anticipate some of its future activities.
89. The budget
suffered one more revision in 2003 to $4,167,033 for its operational
activities. Many of the activities proposed in the amended budget could
not be implemented. The activities had to be redesigned to meet the
funding available.
Conclusion
90.
The planning of the budget of the Commission was on the optimistic
expectation that the international community would provide the funding
required for all activities. This proved to be an unrealistic
expectation. The final budget was a bare bones budget. The Commission
struggled to implement its activities as a result of inadequacy of
funding and because of delays experienced in the releasing of funds.
Nonetheless the Commission is satisfied that it was able to carry out
important activities such as statement taking, public hearings,
research and investigations which enabled it to deliver a credible
final report to the people of Sierra Leone. This was accomplished
largely due to the dedication and tireless efforts of the staff and
Commissioners.
APPENDIX ONE:
DONORS TO THE COMMISSION
1. Canada
2. European Commission
3. France
4. Germany
5. Ireland
6. Luxembourg
7. Netherlands
8. Norway
9. Sweden
10. Switzerland
11. United kingdom
12. United States of America
PLEASE VIEW THE PDF FORMAT OF THIS VOLUME FOR APPENDIX TWO AND THREE
© 2002 - 2007, Sierra Leone Truth & Reconciliation Commission