It is clear now that the situation at the Independent National Commission on Human Rights (INCHR) has become a ‘No die no rest’ situation with every day producing its own tussle after three years of conflict between the two leading factions at the commission.
‘No die, no rest’ is a Liberian jargon of people committing themselves to fight till the end, as it is at the commission where Mohammed Fahnbulleh, Pindarous Allison, Pamelia Doe Pavey, and Neveda Ricks are on one hand and Charles Harris and Dempster Brown on the other are engaging each other with claims and counterclaims, which has brought the integrity of the INCHR to public ridicule. Pela Boker Wilson, formerly of team Fahnbulleh has decided to play Miss Neutral as the teams are fighting to the death.
In two months of their appointment and the birth of a new Board of Commissioners in 2021, Mohammed Fahnbulleh described Dempster Brown as corrupt, unethical, and unfit for the job. No sooner when he, Fahnbulleh, was accused of allegedly sexually assaulting a female staff of the commission and was subjected to investigation by a civil society organization.
On the other hand, Pindarous Allison, who was accused of double dipping by working with two government institutions admitted to Chairperson Brown, of his employment as a teacher at the University of Liberia. He made the disclosure on Wednesday, June 19, 2024, when he was confronted, again, by the chairperson on his dual roles as both a commissioner and a teacher. Article 15 (3&4) of the INCHR Act states that “A commissioner shall not engage in any other occupation, business or profession or any other activities for which he or she is paid. A commissioner shall not hold any position incompatible with the proper performance of his or her official duties. Within ten days following his or her appointment and before taking office, he or she must resign from any position incompatible with this section or with the office of Commission, otherwise, the nominated person is barred from accepting the appointment.”
But contrary to the said provision of the INCHR Act, Allison, who is a teacher in the department of English at the state-run University of Liberia, is also a student at the Arthur Grimes School of Law at the same university.
Brown claims that his only contention is the ineffectiveness of most of the commissioners in the execution of their duties on the job, especially those engaging in other services that the Act forbids.
The confusion between Fahnbulleh, who is facing criminal charges at Criminal Court ‘E’, and his alleged involvement in the death of a 32 years old man who reportedly committed suicide at the Salam Police station on the Airfield, and Dempster Brown continue to stall the progress of the commission, with most of its international partners diplomatically withholding their support.
Recently, a group of individuals claiming to be the majority bloc of the Board of Commissioners called for the removal of chairman Dempster Brown as chairperson of the Commission on their same allegation of corruption and his lack of transparency and integrity.
Count 3.9 of the Standard Operating Procedure (SOP) of the Independent National Commission on Human Rights requires that, under the caption ‘Complaint and Dispute involving Commissioners and Officers’ states that “A complaint made against a commissioner or any dispute involving a commissioner will be promptly reported to the Chairperson. If the Chairperson considers the complaint to be valid, he/she shall immediately convene a meeting with the Board of Commissioners, sitting as a body, to look into the complaint, with a view to resolving it, as soon as possible. In the event a complaint or dispute involving a Commissioner is a grave misconduct, [beyond the control of the Commission], the Chairperson shall refer same to the President. Disputes between Commissioners emanating from divergence of opinion on issues shall be referred to other Commissioners /colleagues [internally]. If the dispute is not resolved internally, the same shall be referred to the Civil Society including eminent citizens. As far as possible, disputes of this nature shall not come to the attention of the President. Remember, a failure or inability to achieve internal cohesion disturbs your autonomy.
This provision of the SOP is intended to avoid interference from the executive and other government functionaries and grant the institution total independence, but with these unending fights that have made the INCHR a complete mess, I believe it is time that the appointing power intervenes since all efforts by the civil society to settle the dispute have failed.
Article 3.1 of the Act that established the commission states that “The Commission shall have general competence to protect and promote human rights in the Republic of Liberia according to the provision of this Act, the Constitution, and other relevant laws of Liberia.”
However, with the toxic and chronic behavior among members of the Board of Commissioners, the INCHR is not able to achieve its core function and has undermined the integrity of the institution.
If the INCHR must regain its sanity and integrity, the President must depoliticize the commission and call to attention Dempster and his folks the national tasks that have been assigned to them or give way to people who will work to achieve the mandate of the institution.
But until then, the INCHR remains in a mess and a place of ‘No die, no rest.’
*The thought of the son of a professional Kru woman.
