Toppling The Government

As the details of their ‘confidential’ document presented to the government emerged, the Congress for Democratic Change (CDC) took the defiant and bold position in announcing that it should seize power since, in the thinking of people behind this group, they won the first round of the October election.
The language used is revealing, indicative of a changing political landscape that points to anarchy and the shielding of actions once unimagined in this country’s opposition politics.
“In a robust and decisive revolutionary tone, the committee continues, 'we are immensely disappointed in Madam Sirleaf s diabolical and manipulative political nature and urge our leaders to take a strong stance against her second attempt to steal a democratic process, manipulate the international community into supporting this abuse of Liberians basic rights and preserving power and wealth for a few family members and cronies...'
“At the root of the committee's recommendation is a call on the CDC, 'The victorious party in the 2011 elections that was manipulated', to rise to the occasion and assume national leadership, drawing from the strong argument that Mrs. Sirleaf lacks sufficient mandate to govern Liberia. "The CDC should claim her rightful first round victory, annul the fraudulent and unconstitutional second round and assume leadership in Liberia as per the Mandate given to this noble party by the people of Liberia', the committee said.”
But the leaked comprehensive proposals that retired football star George Weah and his team presented to the government during bi-partisan talks provide better understanding of the party’s post-elections dilemma in grabbing power after its defeat at the polls.
The concluding paragraph of the document carries some foreboding, in that it threatened violence if doors are closed in the distribution of state resources, as the party warned:
“Determined that war shall visit our homeland no more and as a testimony of our ties to a common patrimony and destiny, we hereby affix our signatures to this promise in our grieving post war country; recognizing that when absolutely necessary, our people shall reserve the right to take their destiny into their own hands.”
The CDC has denied that the document is its making, but credible sources involved in the talks have dismissed the denial, saying that the CDC leadership, indeed, produced and presented the document.
“Since they have denied it, then we are happy that it is not their document. What is now expected, and very soon, is a document from the CDC spelling out what they want”, one source said.
But a new document is unlikely because the CDC placed all its hopes in the now leaked document, outlandish as it is. This led the party’s leadership to swiftly leave the country and congregate in Accra, Ghana, where Mr. Weah has a home. He has since flown to Florida, where he lives.
But from Accra, they provided hints that the talks have broken down, although the Ministry of Information conditionally denied the reports.
However, if there were doubts that the talks had ended without any agreement in view of the sweeping demands the CDC presented that, if accepted, would have surrendered the entire government to it, Mr. George Solo, Mr. Weah’s US-based confidante, cleared those doubts at a press conference held in Accra. He warned:
"I want to categorical repeat. The Government must put efforts into this process just as we are putting (in) effort. Because if the Government does not live up to the commitment and expectation of its people as Liberians, there will be no inauguration in the Republic of Liberia.”
Here is a vivid admission that they presented a blueprint for dismantling state structures on the basis of their lenses, and that this blueprint has been placed in the dustbin because of its impracticality. If not, they would not have shed tears over the government’s failure to match effort with effort.
More hints of a proposal ignored in Mr. Solo’s threats ridden press conference emerged as Mr. Weah listened:
"If the value of honesty and transparency continues to be procrastinated, CDC will result to rallying and peaceful protesting and the biggest of those would be done on January 16.
"So for anyone who thinks that it is in the best interest of the nation to continue to push attention of the CDC to the wall, let them think again. Let them think again. "Because the only alternative apart from this process, is to result to a protest again."
They were right in this case. The government was not only ‘procrastinating’, but indications are that it trashed the document that would yield power to the CDC after its failure to win the elections, now with the belief that protests and violence would better serve its power designs.
A look at the document reveals the naiveté of the CDC leaders in actually believing that ‘victory is at hand’, as its defeated presidential candidate Winston Tubman vowed before the talks.
Reading through the lines, it emerges that one strategy was adopted, and that was to make the most hilarious and outrageous demands so that, when narrowed down, something unexpected can be achieved. It’s like a person begging for US100 and the money is immediately given without questions when the actual amount the person needs is US20. The next time, US500 will be requested.
Thus the document begins with the following proviso:
“This document is not a final agreement. It is a concept paper on the specific proposal emanating from the Congress for Democratic Change to the Government of Liberia that will guide the negotiations ensuing between the two sides following the 2011 elections. It basically states the CDC impression of how to proceed with maintaining the peace and stability in Liberia by fostering a political environment conducive to participative government and stresses the interest of the opposition and the ordinary people who must be the supreme beneficiaries of national policies.
The document covers CDC’s immediate demands which must be addressed by the Unity Party-led Government in the earliest timeframe, briefly examines significant issues such as critical areas for attention and reform and the need to devise a program and agenda for national progress, identifies how the CDC and the opposition it represents may participate in national reform drive and the qualification and condition for appointments in government.
”By establishing principles for engagement and setting a defined timeframe for implementation of each of the proposed conditions stated in the agreement which will evolve out of the discussions, the CDC believes success will be assured and the Liberian society and people will benefit.
Following the negotiations, an agreement will be drawn up that will be signed by both sides.”
As indicated, this was the first stage, and once agreed, the CDC would have entered other phases. Power through the backdoor was the objective.
But why did the party believe that any government worth the name, after an election internationally endorsed, would embrace such a power-sharing deal with a loser party?
Unlike in Zimbabwe, DR Congo, Kenya and other countries where elections results were questionable, this was not the case here, despite what the CDC and its allies believe. The fact is that it boycotted the elections. The fact is that it was therefore defeated.
So on what legal basis, in a winner-takes all electoral and political system that governs Liberia, was the CDC demanding positions in the government and the right to dismantle key institutions such as the Supreme Court, the National Elections Commission, along with powers to nominate ambassadors?
More surprising in the entire tragic comedy is that one of the country’s best-educated lawyers—the Harvard and London School of Economics product Winston Tubman, one of the lawyers who drafted the country’s current constitution, is actually starring in such laughable play. Without him as one of the main characters in the tragic comedy, there would be no surprises from the rest of the caste. The language in the ‘Introduction’ of the document clearly reveals that what Mr. Tubman and Mr. Weah want is a coalition government of equals that will be legally binding, depriving an elected president of all constitutional powers in the return to the war years when warlords shared power on the basis of how many people they killed.
But even if the Government conceded to these stupefying demands, would there be any legal grounds on which such a government would stand?
The Constitution demands that one either wins or loses an election, and there is no room for coalition regimes in the constitution. Thus such a government, even if approved under the worst conditions, would lose its constitutional raisons d'être.
It states: “In the constructive dialogue that has emerged after the 2011 elections between the Government of the Republic of Liberia (GOL), on the one hand, and the opposition led by the Congress for Democratic Change (CDC), on the other, it is hereby agreed that a Government of inclusion and partnership, focusing broad ranging substantive reforms in the short, medium and long term periods is the best way forward to, sustaining the peace improving the democratic culture in post war Liberia. This agreement aligns with the determination of the President of the Republic of Liberia to form a government of inclusion in her second term of office. Both sides are therefore of the view that working together in the Unity Party led Government is a necessary condition for the effective end efficient implementation of these reforms and for consolidating democracy. Within the spirit of the understanding achieved through negotiated settlement of the post-election disagreement; short term shall mean the period beginning with the signing of this agreement and December 20, 2011; medium term within one to two years as of January 20, 2012 to January 20, 2014; and long term within two to four years as of January 2, 2014 to January 20, 2016. Undertaken by Liberians themselves in show of love for country and done in good faith, this agreement is reached by the GOL and the CDC as the basis and framework for working together on the national agenda for reform, popular democratic governance and progressive social change in Liberia. Affirming our promise to realize the understandings reached in this negotiation, constant consultation and joint decision shall pillar the protocol governing the implementation of this agreement which is presented under interrelated headings.”
What follows is a comprehensive scheme, well thought out, of how the CDC wanted to take power with fear as its instrument as outlined here:
“Immediate Demands”
Immediate demands shall include matters for instant action and issues on which any such matters shall be disposed of before or by December20, 2012.
• Instant dismissal of the Justice Minister for her part in the bloody episode of “November 7, 2011 at the national headquarters of CDC (before December 5, 2011).
• Extraction of apology from the security forces for the unprovoked attack at the headquarters of the CDC on November 7,2011.
• Identification and compensation for November 7 victims or their families and settlement for properties damaged (before December 10, 2011).• Decision on CDC-led Coalition inclusion and participation in government (December 10,2011)
Commencement of talks with political parties, civil society organizations and other stakeholders concerning the reform of the National Elections Commission—NEC (before December 10, 2011).
Commencement of talks regarding the recognition of a partisan Supreme Court Bench and establishment of an independent judiciary that shall be insulated from executive control and manipulation (before December 10,2011).
• Achievement of agreement on critical areas for attention and reform, programs and agenda for national progress, general interest of CDC-led Coalition, specific" concerns, general principles of engagement; dialogue continuity guarantee, and timetable for implementation of agreement (December 12, 2011).
• Cessation of negative press attacks.
IV. Critical Areas for Attention and Reform
These shall be concerned with matters for concrete attention in the medium term as defined above. Actions shall commence on such issues along with demonstrable commitment that the desired outcomes with regard to said matters will certainly be achieved in the intermediate.
• Security sector; justice system; economic sector; public service delivery; national political governance; local government; decentralization—devolution of power; labour law.
National youth service corps, student cadet system, mass employment creation, adult literacy program, public service delivery, and social and economic development infra-structural development.
Educational support; vocational education and skill training, job training, income support for young people.
Reorganization of National Election Commission (NEC), based on broad based consultation with political parties, relevant civil society organizations and other stakeholders to ensure independence and transparency of methods.
Government funding for political parties that satisfy criteria set by law.
Effective regulation of trade and commerce.
Revisit of Security Sector Reform process.
Review of concession agreements to allow for Liberian participation and maximum benefit to country.
Special talks by Liberian stakeholders on usage of oil revenue.
Specific government support for small and medium businesses and for Liberian entrepreneurship in general.
Increased government support for education, health and other social services.
Mass employment creation through public works (i.e. construction of roads, schools, health centres, low cost housing; community development and/or social service delivery).V. Programs and Agenda for National Progress
Such matters shall be devoted to issues to be addressed in the medium to long terms. The details of the timing for implementation shall be worked out by the two parties concerned.
• Sovereign national conference on the way forward (i.e. to security, stability, peace, reconciliation, cooperation; good governance, development) in postwar Liberia.
• Empowerment for marginalized and Impoverish communities.
Creation of employment opportunities through, agriculture, public works, National Investment Commission, Liberia Bank for Investment and Development rural development; infrastructural development and public service delivery.
Establishment of national youth service corps (requiring all high school graduates to conduct adult literacy training for one year and all college graduates to teach in elementary schools for a year).
• Vocational education and training for the youth.
Nationwide conference on national reconciliation and constitutional revision.
Reduction of legislative and presidential office terms.
Restoration of the absolute majority in legislative elections.
Specific Concerns
Increased government attention to and expenditure on national road construction.
Increased government attention to and expenditure on electrification and water supply.
Reintroduction of the Rural Development Ministry• Establishment of an Independent Media Commission—
to regulate media behaviour during elections.
General Interest of the CDC
To drive the reform process by leading administration in some sectors and participating in all sectors of governance in order to ensure that the reform process remains on course.
Participation in Reform Drive
The parties agree that the CDC shall head the reform process in certain sectors, strongly support the reform process in others and generally participate in areas of governance—as listed in the below categories.
• Category A: Senior Cabinet Positions:
Ministry of Foreign Affairs (power to nominate Ambassadors)Ministry of JusticeMinistry of Youth and SportsMinistry of Lands and Mines
Ministry of Post and Telecommunications
Ministry of Commerce
Ministry of Education
Ministry of National Security
Ministry of Planning and Economic Affairs
Category B:
Principal Deputy Ministerial Positions
Ministry of Labor -Deputy for Administration
Ministry of Finance (Two Deputy for Administration and Deputy for Expenditure and Debt Management)
Ministry of Defense – Deputy for AdministrationMinistry of Public Works—Deputy for Technical Affairs
Ministry of Gender—Deputy for Administration and Deputy for Training and Research
Ministry of Education –Deputy for Administration
Ministry of Internal Affairs—
Deputy for Administration
Ministry of Agriculture—Deputy for Administration
• Category C: Autonomous Agencies/Entities
Civil Service Agency (CSA)—
Deputy and one (1) senior manager
Liberia Telecommunications Corporation (LTC) –Head and one (1) senior manager
National Port Authority (NPA)—
Director and (1) senior managerLiberia Produce Refinery Corporation (LPRC) - One (1) deputy and one (1) senior manager.National Transport Authority (NTA)—Managing DirectorForestry Development Authority (FDA)–Deputy Managing Director
Liberia Telecommunication Authority (LTA)–Director. General Auditing Commission (GAC)- Director
National Social Security Corporation Director General and one (1) senior manager National Oil Company of Liberia (NOCOL)–President and one (1) vice president
Maritime Authority—Director
General Services Agency (GSA)—
Deputy Director and (1) senior manager
Liberia Anti-Corruption Commission (LAC) –Two (2) commissioners.
Governance Commission—Two (2) Commissioners
Land Commission –Two (2) Commissioners
Public Procurement and Concession Commission
Roberts International Airport (RIA)—Deputy Managing DirectorEnvironmental Protection Agency (RIA)—One (1) Deputy
Category D: Other Relevant Sectors.1. Security sector
• Immigration—Two (2) deputies
Liberian National Police—
DirectorNational Security Agency—Two (2) deputies
Thirty (30) Special Executive Service (SES) Professionals
Forty (40) senior level directors at various ministries and agencies to be identified
Chair/members of boards of public corporations and autonomous agencies to be identified
Participation in local government in posts to be identifiedParticipation on the Inaugural Committee
IX. Qualification and Condition for’ Appointment In government.
Each side commits to submitting names of qualified possible appointees with demonstrable competence in their various fields or reasonable experience and competence. It is understood that the characters of such persons shall be untainted and that their commitment to the service of Liberia and its people shall not be in doubt. Moreover, all high level appointments aimed at inclusion shall originate in the office of the President of the Republic of Liberia or shall be done by the responsible authorities in the Government of the Republic. In the event of the need to replace personnel included in government from the CDC side, government shall revert to the Principles recognized in the agreement.X. Principles of Engagement
On the one hand, representatives of the CDC-Led Coalition shall be included as heads of various ministries, agencies public corporation and regional government administrations while, on the other, the former shall participate in all areas of government administration in order to broaden the support base of the government as well as contribute to and monitor the reform process/
Details of the said Inclusion and participation shall be worked out prior to the Inauguration of the Unity Party led Government (between the time of the signing of this agreement and the end of December 2011.
The CDC-Led Coalition shall remain constructively engaged with government as long as there is a show of good faith.
XI. Participation on Inaugural Committee
In the Spirit of oneness and honest cooperation, the CDC welcomes the idea of participation on the inaugural committee of the Unity Party led government,
XII. Schedule of Implementation
We commit to working out details for the implementation of this agreement. The implementation of any or all parts of this document shall be pursued at the earliest time possible and (when necessary) shall therefore not allow for delay in accordance with the time periods herein stated.XIII Dialogue Continuity Guarantee
As the parties to this agreement, reaffirm their commitments to the success of cooperation for the purpose of peace and national progress, they are not oblivious to the historical possibility that reasonable disagreements may break down well meaning talks. Given this consideration, the parties agree to jointly appoint a Liberian facilitator that will assume the responsibility of inducing the resumption of talks in the event of breakdown in conversation on the matters raised above and/or in the event that implementation becomes problematic.
XIV. Conclusion
We are firm in our decision to transcend the current post election crises and their corresponding consequences: -We are resolute that however stubborn the challenges that threaten to endanger our country again, all attempts to weaken the peace process and renew conflict should and must be avoided through a negotiated settlement; for neither the UP-Led Government nor the GDC-Led Coalition has supremacy over the fatherland. That is why the creation of a government of inclusion and partnership involving the two sides and other stakeholders, hopefully encompassing the totality of the interest of the Liberian people, will save the peace we so crave and uphold the state which we seek to reform in order to make it relevant.
Remaining cognizant that we as a people, nation and state are not an Island onto ourselves, we recognized the multifaceted support from and therefore thank authorities of the Mano River Union, ECOWAS, the AU, the Government of the US, China, Britain, Germany, France, the Scandinavian Countries, other individual Countries, development partners, the religious community, civil society organizations and other Liberian stakeholders who have made so much sacrifice for Liberia and humanity and call on them to stand with us in guiding against the fuelling of unnecessary conflict.Hence, this agreement has been set forth by Liberians themselves; that is, both the Unity Party led government and the critical the opposition led by the CDC who have come to the realization that collective obligation anchored in joint undertaking has become a necessity for saving the common patrimony; securing the wellbeing of the war weary and sovereign people of Liberia as well as ensuring the happiness of unborn generations for whose sake no compromise is so big to make. With God above and our ancestors beneath, this covenant of reconciliation, democratization and self-actualization and creed for national renewal that is binding on both sides, shall not be broken or annulled by either of the parties.
Thus, in the event that changes to this understanding is to be breached by any of the parties concerned, the other side shall be informed in reasonable time. If such a violation of the covenant is to involve change of personnel who are involved with the implementation of the reform process, the principals of the side to be violated shall be informed (and supplied with the necessary justifications that occasion removal from service) so as to allow for re-nomination of personnel; while changes requiring replacement of a Justice (or Justices) within the Supreme Court of the Republic of Liberia shall require consultation and combined action between the parties to this agreement.
One the CDC’s demands of an independent media commission to regulate media coverage of elections, exposes its weakness. A media commission is relevant, but not only for ‘regulating’ media coverage during elections. The best place for grievances are the courts, and we hope that this is understood so that Mr. Weah can see the dangers in compelling a journalist to delete photos as he did to a reporter on this paper.
On the other hand, such clearly outlandish demands from a clearly defeated opposition party serve testimony to the low levels of political development and the lowering of the bar for political leadership. No one, with a mandate from the people from the ballot box, can imagine usurping such powers except there is a serious problem of mental proportions.
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