Her entire body was covered with blood, as she watched soldiers of the Armed Forces of Liberia kill hundreds of fellow refugees. A weeping survivor of the July 29, 1990 massacre at the Saint Peter's Lutheran Church has finally told her story before the Liberian Truth and Reconciliation Commission (TRC). As the commission wraps up its work, Amnesty International has voiced concerns about the TRC's recommendations.

The St. Peter's church slaughter is just one of many cruel stories the commission in Monrovia has heard about Liberia's brutal past. The TRC was set up in 2005 to investigate the wrongdoings that occurred from the start of civil war in 1979 until peace was achieved in October 2003. It is due to close its doors for good this year.

Challenges
A new report from Amnesty International discusses the lessons learned during the TRC's first two years and analyzes the challenges it will face during the final phase of its work. Amnesty says Liberian victims of past human rights violations have the right to know the truth, to see justice served, and to be granted full reparations for what they suffered. In Amnesty's view, it is vital that the commission make recommendations on prosecutions and reparations that are consistent with international law.

"Until criminal prosecutions are initiated, the Commission will be the only mechanism able to contribute effectively to ending impunity for crimes under international law committed during the armed conflict in Liberia. The policies adopted by the Commission on prosecutions and reparations will be fundamental to shape the Liberian transition," the report says.

The Truth and Reconciliation Commission has the power to grant amnesty to perpetrators, but it can also recommend prosecution. The Liberian government has committed itself to implement all TRC recommendations. But according to Amnesty, the commission's policies on amnesties and prosecutions are still unclear.

Concerns
In particular, Amnesty International is concerned about the commission's policy on granting "general immunity" to all those providing information. This policy may be applied to alleged perpetrators of crimes under international law and create obstacles to their prosecution. Amnesty urges that the commission should clarify the interaction between the its policy on "general immunity" and the policy on recommending prosecutions for those who allegedly committed human rights violations.

Amnesty is also concerned about the commission's policy on recommending only reparations at the community level. Individual reparations aimed at addressing the victims' suffering and helping them rebuild their lives should be a priority for any reparations program. The commission should recommend both community and individual reparations to all victims without distinction, amnesty says

Mass crimes
In early January 2008, stories of brutality started making the news again in Liberia. Testimonies were emerging in the trial of former Liberian President Charles Taylor at the Special Court for Sierra Leone, in The Hague. At the same time, the Truth and Reconciliation Commission began holding its hearings.

Upon its inception, the TRC was explicitly mandated to address massacres, sexual violations, murder, extrajudicial killings, and economic crimes such as the exploitation of natural or public resources to finance war. The TRC specifically deals with the experiences of women, children and vulnerable groups, pays special attention to gender-based violations and the issue of child soldiers.

In its two years of hearings, the commission has documented testimonies by more than 18,000 Liberians, including nearly 1,000 expatriates. One of the most controversial issues faced by the TRC is the fact that former president Charles Taylor - who is still on trial for his alleged crimes in Sierra Leone - will probably never face justice for his alleged atrocities in Liberia.

Despite its shortcomings, the TRC is the only official body that provides a form of transitional justice in Liberia. This means its recommendations are crucial when it comes to the possible prosecution of high-level figures. The Liberian judiciary is not yet able to meet international standards for holding trials for grave crimes. Some communities have dealt with the wrongdoings of the war through traditional forms of justice.

History
Historically, the weakness of Liberia's judiciary has left most of the population with no access to legal redress. For this reason, many Liberians have sought to settle scores through traditional mechanisms of justice or conflict settlement. Three such mechanisms exist in Liberia. Aside from the two non-punitive and reconciliatory processes - sharing Kola nuts and trials by ordeal - the ‘palava hut process' is most common.

The palava hut process is a dispute resolution mechanism accompanied by cleansing rituals that has been used by the Kwa-speaking people in Liberia in the case of tribal warfare between two ethnic groups. It embodies the key dimensions of truth telling, accountability, reconciliation and reparation. The hearings take place in the 'palava hut', usually a round mud structure with a thatched roof located in the middle of the compound of the elder in whose place the hearing is being held.

Observers have stressed the importance of the palava hut mechanism as a complementary form of justice besides the TRC and possible future war crimes trials. Because popular access to such trials or even the official judiciary is difficult the palava's can fill an important gap. The use of traditional justice mechanisms furthermore represents an opportunity to preserve cultural practices that are understood, understandable and acceptable by the majority of the Liberians.

Read the report: Liberia: Towards the final phase of the Truth and Reconciliation Commission