REMARKS FOR SIGNING CEREMONY
FOR
AGREEMENT FOR SPECIAL COURT
The Hon Solomon E. Berewa, Attorney-General and Minister of Justice for the Republic of Sierra Leone
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I would like to welcome you all here and thank you for coming to bear witness to this occasion, as we take another step down the road to peace and prosperity for our country.
We take this step boldly and firmly, spurred on by our belief, shared by many Sierra Leoneans, that in order for our country to overcome the devastating effects of the last decade of war, we must have a full accounting for the atrocities of the past. At one point, we had thought to turn the other cheek, as the Holy Book demands when it looked as though the various peace agreements would not deliver on their promises. However, this did not come to pass and we found ourselves wondering how such terrible atrocities could be wreaked upon our country. At this time, we came to realise the lesson we had learned, at such a high price: that without ending impunity by bringing to justice those who bear the greatest responsibility for the atrocities committed in this country, we were dooming ourselves to repeat them. In order to have lasting and sustainable peace and to avoid the mistakes of the past, we need to have accountability for what has happened in the past.
We are fortunate to be having two institutions that will work towards this goal. They are the Truth and Reconciliation Commission and the Special Court; most countries are lucky to have just one body working for accountability.
Our country has suffered unimaginable wrongs, not only in terms of the loss of human life – most keenly felt as this loss is irreplaceable – but also in the erosion of the rule of law. The absence of the rule of law creates an atmosphere in which the loss of life, personal injuries and the destruction of homes and livelihoods is not only possible but is often both accepted and encouraged. We need the rule of law in order to live in a peaceful society, and in order to have the rule of law we need justice and we need accountability. This is the role that has been assigned to the Special Court, an instrument for dispensing criminal justice.
The role of criminal justice is not only to punish those who are proved to have committed criminal acts: rather, it is about the rule of law and accountability, particularly individual accountability, for the wrongs of the past. Through this process, accountability, reconciliation and reintegration can be achieved and peace can be made with the past: indeed, this is the only way to move forward and rebuild a thriving and peaceful society. Accounting for our past and attributing individual criminal liability to those who bear the greatest responsibility for the atrocities is the one sure way the international community and the Government of Sierra Leone have devised for the attainment of peace and stability in our country.
For all these reasons, I am particularly pleased that we are here today, to sign the Agreement and Statute for the Special Court with the United Nations for and on behalf of the government and people of Sierra Leone. Today marks the culmination of a year and a half of dedicated hard work by the UN Office of Legal Affairs and the UN Member States and particularly those States interested in the establishment of the Special Court. I am pleased that those countries are represented here today by the Management Committee for the Special Court to witness this historic occasion for the signing of the Agreement and Statute. The single goal which the international community and the Government of Sierra Leone have pursued for the last year and a half has been to establish an effective accountability mechanism for Sierra Leone.
I would like therefore to thank everyone who has put in some effort to bring us to this point. First and foremost, I would like to thank the United Nations Office of Legal affairs for their cooperation with the Government of Sierra Leone over this period. There were times when it appeared as if we would not make it this far but with good cooperation and a shared belief in the goal we are trying to achieve, we have worked together to reach this point.
I would also like to thank member States of the UN for their support and the efforts they made both in New York and here in Sierra Leone during the visit of this Planning Mission. Our thanks are extended not only for their generous financial contributions to the funds of the Special Court, but also – and perhaps more importantly – for their commitment to the substantive issues involved and to the successful work of the accountability mechanism established for Sierra Leone.
I would like to thank all other members of the Planning Mission for coming to Sierra Leone and working so hard to make sure that the Court can become a reality and start its vital work as soon as possible. We thank you for taking the time out of your usual busy work, in places where you are needed for the fight against impunity, to come to Sierra Leone to help us ensure that this court is established properly and expeditiously. You have seen first hand the ravaged state this conflict has left our country in. The dedication and creativeness you have shown so far will help guide the work of this court as it starts down the path to justice for Sierra Leone.
I would also like to thank the members of the Government Task Force for the Special Court comprising of my colleague Ministers, officials, NGOs, and traditional leaders for their cooperation with my office and with the members of the Planning Mission over the last week and a half. More than that, I would like to thank them for their hard work over the last few weeks in the run up to the arrival of the Planning Mission to ensure that its work would be as successful and comprehensive as possible. It has not been easy to add these responsibilities to your already full work load, particularly as many, if not all, of you work in under-staffed areas, and I commend you for the extra efforts you have made to help the Planning Mission arrive at workable solutions.
I wish to express my thanks and gratitude to the members of the No Peace Without Justice Organisation who have been attached to my Office for some time now. Their invaluable assistance at all times in matters relating to the Special Court and in particular during the visit of the Planning Mission for the Special Court is highly appreciated.
Perhaps most importantly, I would like to thank the people of Sierra Leone who have all, in one way or another, contributed to the establishment of this accountability mechanism for our country. You were willing to talk freely with the members of the Planning Mission and to exchange views with them frankly. Even if some of you were not directly involved in the work of the Planning Mission, your support for and interest in the Court – as evidenced by the enthusiastic response to the radio broadcast on the Special Court last Sunday – and your desire for a lasting peace and an end to impunity has helped us to reach this day.
It needs to be said that we are lucky indeed to be here witnessing this historic occasion. It stands as a vivid demonstration of the fact that when a commitment to the basic principles of justice and the rule of law is matched by the will to see a society and indeed a world living up to those principles, even the most seemingly impossible goals can be attained. A few years ago, nobody would have thought that the culture of impunity so rife in West Africa would be brought to an end here in Sierra Leone. Yet from today, we will have the Special Court working hard in our country to bring accountability for the atrocities committed against our people, which will have wider implications for ending impunity in Sierra Leone and the region.
I would conclude by calling on all Sierra Leoneans to support the work of the Special Court in whatever way you can. This is an appeal which His Excellency himself has already made. Remember that this court is here for Sierra Leone: we have asked for it, the international community has answered our call and now we have a role to play in making sure that its operations are successful. We have now taken our place on the international stage by showing the world that we are committed to accountability in our country and that by working together we can have a sustainable and lasting peace, firmly shored up by the fundamental principles of justice and the rule of law, which we should all wish and demand as of right to have in Sierra Leone. With the practice of justice as our natural endowment and adherence to the rule of law, we can be assured of an orderly and organised society, which in turn will bring us prosperity and happiness. The establishment of the Special Court is one giant step towards that assurance.
I thank you.