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INFO RUEHZK/ECOWAS COLLECTIVE

UNCLAS SECTION 01 OF 04 MONROVIA 000802 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AF/W AND DRL 
 
E.O.12958: N/A 
TAGS: PGOV PHUM SOCI LI
SUBJECT:  52ND LIBERIAN LEGISLATURE CONCLUDES FOURTH SESSION 
 
REF: A) 08 MONROVIA 817 B) MONROVIA 169 C) MONROVIA 495 
      D) MONROVIA 532 E) MONROVIA 570 F) MONROVIA 612 
      G) MONROVIA 628 H) MONROVIA 695 I) MONROVIA 763 
      J) MONROVIA 776 K) MONROVIA 786 L) MONROVIA 602 
 
SENSTIVE BUT UNCLASSIFIED.  NOT FOR INTERNET DISTRIBUTION. 
 
¶1. (U) SUMMARY.  The 52nd National Legislature has concluded its 
fourth session, recessing until the fifth session begins in January 
¶2010.  Despite the fact that several key laws were passed and 
concession agreements ratified, the Legislature failed to pass 
crucial measures related to meeting Liberia's highly indebted poor 
countries (HIPC) initiative Completion Point, a code of conduct for 
public officials, and an electoral threshold law required before the 
2011 elections, which was vetoed by President Sirleaf.  The body 
also deferred any further response to the Truth and Reconciliation 
Commission report's recommendations.  The president may recall the 
Legislature before the end of the year to consider the electoral 
threshold bill and ratify mining concessions needed to make up for a 
shortfall in the national budget.  END SUMMARY. 
 
¶2. (SBU) The 52nd Liberian National Legislature concluded its fourth 
session with the final meeting of the Senate on September 28.  The 
House of Representatives earlier closed in a little-attended 
ceremony on September 25. The Legislature will return from its 
annual "agricultural break" to begin a fifth session on January 11, 
¶2010. 
 
HIGHLIGHTS 
---------- 
 
¶3. (SBU) This session was marked by a cooperative atmosphere between 
the two chambers.  The majority of bills passed easily from the 
House to the Senate with little controversy.  The House was 
characterized by fewer leadership squabbles and corruption scandals 
(Ref A), but reports of bribe-taking in the form of "lobbying fees" 
paid to legislators to ensure passage of concession agreements 
continued. 
 
¶4. (SBU) The leadership struggle which characterized the Senate 
during its third session was settled with the March 26 election of 
Senator Cletus Wortorson of Grand Kru County as President Pro 
Tempore.  Wortorson restructured the Senate's leadership and 
selected new committee heads.  New Senate rules adopted under his 
leadership led to a more proactive chamber -- bills were 
expeditiously passed in most cases, fines were levied against 
delinquent members and attendance improved. 
 
¶5. (U) Two members of the Senate died during the fourth session. 
One by-election was held to replace a River Gee county vacancy (Ref 
B) while another is due on November 10 for a vacant Montserrado 
county seat (Refs E, J).  Also of note this session were addresses 
by Secretary of State Hillary Clinton and the Presidents of Finland 
and Namibia to special joint meetings of the Legislature. 
 
 
KEY LEGISLATIONS PASSED 
----------------------- 
 
¶6. (U) There were 68 regular, 21 executive and seven special 
sittings.  Twelve bills were passed, while 16 concession agreements 
were ratified and 16 bills are still pending in-committee. 
Prominent laws passed during the fourth session include: 
 
--A PUBLIC FINANCIAL MANAGEMENT ACT will improve the public 
financial management system and fulfill a key requirement for 
"completion point" under the Highly Indebted Poor Countries 
Initiative (HIPC) (Ref G). 
 
--The LAND COMMISSION ACT established a land commission, formulated 
new laws for land tenure and will act as a platform for conflict 
prevention and mitigation. 
 
--The COMMUNITY RIGHTS LAW will ensure that local communities 
benefit from the extraction of natural resources and use of public 
lands. 
 
--The ELECTORAL REFORM LAW seeks to amend sections of the 
constitution to reform Liberia's electoral system (Ref I). 
 
--The LIBERIAN AIRPORTS AUTHORITY ACT will bring Liberia in line 
with international aviation protocols, modernize Roberts 
International Airport, and is a key benchmark for the Transportation 
Security Administration's approval of direct flights to the United 
States (Ref F). 
 
--The LIBERIA EXTRACTIVE INDUSTRY TRANSPARENCY INITIATIVE ACT seeks 
to ensure transparency and accountability of payments to government 
from organizations involved in Liberia's extractive industries. 
 
 
MONROVIA 00000802  002 OF 004 
 
 
--The INVESTMENT INCENTIVES ACT OF 2009/ECONOMIC STIMULUS ACT 
reforms the investment code to make Liberia more attractive for 
foreign investment. 
 
--The AFRICAN UNION NONAGGRESSION DEFENSE ACT aims to promote peace 
and security and non-interference in the internal affairs of African 
states. 
 
--The ECOWAS ENERGY PROTOCOL fights climate change and promotes 
clean energy initiatives for the ECOWAS region. 
 
--The INTERNATIONAL COFFEE CONVENTION ensures that African and Latin 
American coffee farmers receive fair prices for their products by 
agreeing to controls on world coffee prices. 
 
-- The NATIONAL CHILDREN'S LAW seeks to protect children by 
advocating for a child's right to education, medical care and 
recreation. 
 
--A LEGISLATIVE MODERNIZATION PLAN will modernize the Legislature 
and bring its operations in line with international standards. 
 
BUDGET AND CONCESSION AGREEMENTS 
-------------------------------- 
 
¶7. (SBU) Although the fiscal year began on July 1, and Liberia has 
no mechanism for a continuing resolution, the 2009/2010 national 
budget was finally passed in August.  Given the constraints of 
Liberia's cash-based budget, the Legislature felt pressure to ratify 
revenue-generating concessions with minimal discussion of their 
long-term consequences for local communities or resource 
sustainability (Ref K).  The ratified concessions represent an 
estimated USD 4 billion of investment over the next 25 years. 
However, while they were expected to generate over USD 75 million in 
fiscal year 2010 alone, few concessionaires have begun paying, 
citing dwindling access to finance and low commodity prices as 
reasons for delaying extraction. These agreements were generally 
hastily ratified and both chambers simultaneously concurred on the 
same day in most instances. 
 
¶8. (SBU) The Legislature ratified the Liberia Shipping and Corporate 
Registry agreement as well as agricultural and mining concession 
agreements between the Government of Liberia and: 
 
--Sime Darby Plantation Liberia Ltd. 
--Buchanan Renewable (Monrovia) Power Inc. 
--China Union (Hong Kong) Mining Co. 
--Anadarko Oil Company (Blocks 10 and 14) 
--AmLib United Minerals Inc. 
--Oranto Oil Exploration 
--Euro Liberia Logging Company 
--Geblo Logging Company 
--International Consultant Capital 
--Atlantic Resources Company 
 
¶9. (SBU) Two concessions were not passed during this session, the 
Western Cluster Iron Mining Agreement and the Putu/Bokon Gedeh Iron 
Mining Concession.  With collected revenues falling USD 23 million 
short of planned expenditures at the end of the first quarter of 
fiscal year 2010, ratification of these concessions is needed to 
make up for the shortfall.  President Sirleaf will likely recall the 
Legislature in November to ratify these concessions as well as pass 
a threshold bill (see paragraph 15). 
 
SENATE RATIFIES APPOINTMENTS 
---------------------------- 
 
¶10. (SBU) The Senate approved several of President Sirleaf's key 
appointments.  Some were initially rejected, but later approved 
after an extensive lobbying process by the Executive.  For example, 
Labor Minister Tiawan Gongloe's nomination was initially rejected on 
the grounds that he selectively prosecuted officials of the previous 
government for corruption, while failing to go after current 
government officers. However, Gongloe had categorically and publicly 
refused to provide payments in return for votes, which likely did 
not add to his popularity.  The nomination of Marc Amblard as 
Director of the Liberia National Police was also initially rejected 
on grounds that he lacked policing experience.  Supporters of the 
two nominees traded votes to allow the eventual confirmation of both 
officials.  Senators failed to ratify the nomination of acting 
Monrovia Mayor Mary Broh despite a Supreme Court affirmation of 
President Sirleaf's power to appoint mayors. 
 
EXECUTIVE BRANCH TESTIFIES BEFORE THE HOUSE 
------------------------------------------- 
 
¶11. (U) Acting in its role as fiscal watchdog, the Legislature 
summoned several government officials in response to reports of 
wasted government funds, and their testimony resulted in a number of 
high-level dismissals.  The House of Representatives called the 
 
MONROVIA 00000802  003 OF 004 
 
 
Ministers of Health and Social Welfare, Internal Affairs and Public 
Works to explain how USD 200,000 paid by the GOL for relief from 
caerpillar infestation in Bong, Lofa and Nimba Counties was spent. 
The Minister of Education was asked to explain this year's steep 
nationwide hike in secondary school fees.  Assistant Labor Minister 
James Zawolo responded to allegations that he issued an illegal 
barite mining license to a relative.  (NOTE.  He was subsequently 
dismissed by President Sirleaf.  END NOTE.)  The Commissioner of the 
Liberia Telecommunications Authority (LTA) received a vote of no 
confidence for alleged financial and administrative impropriety, and 
the president later fired all five LTA commissioners (Ref C). 
 
MISSED OPPORTUNITIES 
-------------------- 
 
¶12. (SBU) Several bills stalled in the Senate at the end of this 
session, including:  a bill criminalizing drug abuse and trafficking 
offenses, another measure creating a new capital in central Liberia, 
a new Revenue Code, and the Economic Stimulus Act.  The most 
prominent stalled measure is the electoral threshold bill, with 
senators finally unable to agree with a revised House measure after 
President Sirleaf's line item veto of an earlier version (Ref H). 
The last-minute delay of the Investment Act, which was expected to 
pass in the final days of the session, was another HIPC Completion 
Point pre-requisite; its non-passage will ensure that Liberia cannot 
resolve its outstanding international debt by year's end, as 
originally hoped. 
 
¶13. (SBU) The Legislature also failed to pass a Code of Conduct for 
public officials.  Members were especially opposed to a required 
declaration of assets, with Speaker J. Alex Tyler declaring on 
October 2 that the "security situation is not conducive" for the 
declaration of assets by public officials.   The Freedom of 
Information Act, under consideration since 2008, was also not 
passed.  Other pending legislation includes:  a measure to provide 
public funding for political parties and an act to establish a 
public broadcasting service. 
 
TRC FINAL REPORT SHELVED? 
------------------------- 
 
¶14. (SBU) The Legislature passed a joint resolution on September 3, 
which effectively suspended all deliberations regarding the 
still-unreleased Truth and Reconciliation Report final report 
recommendations until 2010.  The resolution required legislators to 
discuss the recommendations listed in the preliminary report 
released by the TRC in June 2009 (Ref D) with their constituencies 
during the recess and gauge citizen views on a way forward.  In a 
related move, senators postponed the approval of presidential 
nominees for seats on the Independent National Human Rights 
Commission of Liberia (Ref L) the body tasked with carrying out the 
TRC report's recommendations. 
 
 
LEGISLATIVE RECALL POSSIBLE 
--------------------------- 
 
¶15. (SBU) The National Elections Commission (as well as members of 
the International Contact Group on Liberia and numerous civil 
society actors) called on the Legislature to pass an electoral 
threshold bill as required by the constitution on several occasions 
this year, warning that delayed passage of a threshold bill would 
have adverse effect on the 2011 elections.  Consequently, President 
Sirleaf may recall the Legislature for a special session to pass a 
final threshold bill and consider pending mining concessions needed 
to avert a budget shortfall (Ref H). 
 
COMMENT 
------- 
 
¶16. (SBU) Institutional weakness, poorly trained staff, cramped 
facilities, low attendance and limited constituent services 
continued to hobble the Legislature's performance.  Despite these 
shortcomings and handicaps, the Legislature nonetheless demonstrated 
some laudable improvements during its fourth session.  It passed 
substantive legislation critical to Liberia's economic and social 
development; it demanded more accountability from government 
officials and shone a light on corruption and waste; and it began 
exerting its role as a fiscal watchdog during lengthy budget 
debates. 
 
¶17. (SBU) As the Legislature adopts the newly-passed Legislative 
Modernization Plan, it may continue to show improvements.  It is 
worrisome that many lawmakers are focused on doing whatever it takes 
to protect their privileges, especially if they were listed as 
violators in the initial report of the TRC.  We must remain 
committed to assistance programs that shore up the Legislature's 
institutions, promote good governance and reinforce the important 
and constructive role that the legislative branch plays in 
government. 
 
MONROVIA 00000802  004 OF 004 
 
 
 
THOMAS-GREENFIELD