By Grace Q. Bryant
The appointment of J. Henric Pearson seems to be attracting serious constitutional attention regarding the functions, roles, and responsibilities between the Ministry of Foreign Affairs and the new portfolio of Director General for Passports and Visas.
Nimba County District 3 Representative, Nehker Gaye, is calling on President Joseph Boakai to immediately withdraw the nomination of Pearson as Director General of Passports and Visas at the Foreign Ministry.
Representative Gaye said the Director of Passport is a civil servant position with the Foreign Minister making the appointment, therefore, it should be appointed by the Minister of Foreign Affairs in consultation with the President.
“In my opinion, the President should withdraw the nomination so that the proper channel can be followed. I believe that it is inappropriate to take Pearson from the National Security Agency Head to a civil position and then appoint him to the Director General position,” he expressed.
He further revealed that the Director’s position cannot be nationalized, and any changes to the appointment process should be discussed within the Ministry of Foreign Affairs.
He believes the President was ill-advised on the decision, adding that it is crucial for those who work with the President to provide precise information to help with decision-making.
It is important to be truthful and make appropriate appointments when dealing with powerful people. It may be necessary to withdraw the nomination for executive action he asserted,”
Representative Gaye told this paper that the passport section is a department within the Foreign Ministry with no autonomous status.
“As a Co-Chair on the Foreign Affairs committee in the House, I propose that the E Executive quickly moves in to withdraw the nomination and consult with the Ministry of Foreign Affairs before making any decision”
Over the weekend, President Boakai appointed Pearson as Director General for Passports and Visas, with the rank of Ambassador, Ministry of Foreign Affairs, whereas, the general regulations of the Ministry of Foreign Affairs, enshrined in Chapter 20.3(f) of the Executive Law, authorize the Minister of Foreign Affairs to issue or grant passports and visas as part of his/her statutory duties and functions and to facilitate the fundamental rights of freedom of movement for all citizens of Liberia.
These functions are in harmony with Chapter III (3) Article 13 (a&b) of the Constitution of Liberia.
According to Chapter 20.12, Section 20.1 of the New Executive Law titled: “Minister of Foreign Affairs”, “There shall be in the Executive Branch of the Government a Ministry of Foreign Affairs to be headed by the Minister of Foreign Affairs, who shall be appointed by the President by and with the advice and consent of the Senate.”
However, Section 20.2 of the same ACT titled: “Organization of the Ministry” states, “The Ministry of Foreign Affairs shall be organized to include office of the Minister of Foreign Affairs; office of the Deputy Minister of Foreign Affairs, and office of the Deputy Minister of Foreign Affairs for Administration.”
The statute also provides that: “The Minister of Foreign Affairs is authorized to determine the internal organization of each of the agencies listed above, subject to the provisions of this Chapter.”
Section 20.3 of the statute titled: “Duties of Minister of Foreign Affairs” expressly states, “It shall be the duty of the Minister of Foreign Affairs, under the direction of the President, to formulate and implement the foreign policy of the Government of Liberia, promote beneficial intercourse between Liberia and other countries, protect Liberian rights and interests throughout the world, and direct the conduct of the Foreign Service.”