-But engaging the CDC Gov’t through quiet diplomacy
By Augustine Octavius
The leadership of the disbanded soldiers of the Armed Forces of Liberia (AFL) has begun formally engaging the nearly seven-month-old CDC government.
They have sent a letter to the President and Commander-In-Chief of the AFL, George Manneh Weah, acquainting him with “the spurious dissolution of the Liberian Army without benefit in accordance with requirement of the 1956 National Defense Act.”
According to the letter, the government illegally dissolved the army without regard to Article 7 A and B of the Comprehensive Peace Accord as well as Article 34 B, C and K of the Liberian Constitution.
Leader of the disbanded AFL soldier, Retired Col Wolo Nagbe
The letter, dated July 9, 2018, also draws the attention of the CIC to the clauses of the CPA Article 7 A, which states that all irregular forces shall be disbanded while Article 7 B says the Armed Forces of Liberia shall be restructured and have a new command structure.
In its interpretation, the disbanded soldiers claimed that this means the new forces may be drawn from the ranks and file of the present government forces, the Liberia United for Reconstruction and Democracy and the Movement for Democracy in Liberia (MODEL) as well as from civilians with appropriate background and experience.
According to the leadership of the disbanded soldiers, these clauses were intended to mend the military capacity of the Republic. They claim that this was infringed upon the when the erstwhile Liberia National Transitional Government (LNTG) Chairman, the late Gyude Bryant who wrote the former Defense Minister, Daniel Chea on the 19th of December, 2005 retiring all the soldiers without legislative approval.
On December 19, 2005, the Chairman of the LNTG Gyude Bryant, in a letter to Daniel Chea, said “as a follow up to our meeting and a response to you, I am confirming that all persons of the Armed Forces of Liberia are to be honorably retired from the army and no one will be retained for any purpose.”
The late Chairman Gyude Bryant
The letter adds that “the recruitment plan as agreed in the recruitment operations shall be the operating plan.”
The former LNTG Chairman pointed out that “we shall hold the existing plan to have recruitment stations in all fifteen counties.”
Concluding, he said that he has agreed to an honoring ceremony and direct that he (Daniel Chea) do an estimate of the total cost for his approval.
The disbanded AFL soldiers are maintaining that it is based on this that the former transitional government chairman violated the constitution, as Liberia is a unitary state divided into three branches of government for administrative processes. They include the Judiciary, the Executive and the Legislative branches.
Consistent with the principles of the separation of powers, checks and balances, the disbanded AFL soldiers’ letter goes on to say that no person holding any of these offices of these branches shall exercise the power assigned to any or to either of the two other branches except otherwise.
They argue that the above article violated the constitution by the retirement of soldiers by the transitional government, because it is not the constitutional authority of the Executive branch of the retired soldiers without the approval of the Legislative branch.
The disbanded soldiers add that Article 34 B of the Liberian Constitution that they say was also violated gives the power to the legislature shall the power to provide common defense by authorizing the executive to raise or dissolve an army, make appropriation in support of the armed forces .
The letter, signed by 28 former commanders of battalions and units of the disbanded AFL, claims that the former transitional Chairman violated the constitution by calling for the retirement of soldiers in 2005 without legislative approval.
“We need your intervention if we agreed Liberia is a country of law and not men. These unconstitutionalities have made us to repudiate the National Bureau for Veteran Affairs and demand our just benefits as provided in the 1956 National Defense Act for years more than 12 years now,” the letter from the disbanded AFL soldiers say.
“Now, you have ascended as an autochthonous son of the soil, we need your intervention to enable us get the men off the principal streets of Liberia into the National Bureau for Veteran Affairs,“ the ex-AFL soldiers say in their letter to President Weah.
Commenting on what they say is the violation of the Liberian Constitution, the disbanded soldiers are calling to the attention of the CIC to Article 34 K, which says that the legislature shall the power to enact laws providing pension scheme for various categories of government officials and employees. And this shall be in accordance with and tenure of service; and to make allows which shall be necessary and proper for carrying and into execute the foregoing powers and all other power vested by the constitution in the government of this republic .
“Your Excellency, we are aggrieved and exasperated over these unconstitutional performances and need your intervention as Commander In Chief of the AFL for these gallant men and women whose rights have been infringed on were those who defended this nation over the years with lives and blood.”
AFL Commander-In-Chief President George Manneh Weah
“We are again experiencing the violation in the past creeping into this administration in which your intervention is necessary to eschew it.”
Abandoning street protests
Meanwhile, the leadership of the disbanded AFL soldiers under the chairmanship of Colonel Wolo Nagbe have decided to abandon street protests. The ex-soldiers have committed themselves to another form of advocacy by taking the men off the streets and into the National Bureau for Veterans Affairs.
But the former AFL soldiers say Ministry of National Defense is creating unconstitutional hindrance in violation of section 4: 01 of the Veterans Act.
“We are cognizant that presidential appointive positions cannot be applied for,” they said asking:” why is the Defense Ministry is soliciting application for presidential appointment at the National Bureau for Veteran Affairs?”
The disbanded AFL soldiers’ letter to President Weah conclude: “we entreat your intervention into the payment of our benefits and your approbation of us taking these men into the Veterans Affairs.”