Top: Rotten logs in the Gola Konneh District, Grand Cape Mount County. The DayLight/James Harding Giahyue
By Varney Kamara
ZIMMIDANDAI – A Liberian-owned company has left an unspecified number of logs in a logging concession area in Grand Cape Mount County, community leaders have said.
In 2009, Bulgar & Vincent Timber Company cut trees in a logging concession in the Porkpa District—known in the logging industry as Timber Sale Contract Area 10 (TSC A-10). However, in 2015, it pulled out of the area, leaving the woods to rot, according to Dao Sheriff, a member of the community’s leadership of the forest in an interview in a town called Zimmidandai.
“Most of the logs B&V harvested here were left in the bush,” said Sheriff. “After the 2014 Ebola outbreak, the company returned and cut several logs in 2015, and left this place in the same 2015.”
Sheriff did not say the exact quantity of woods B&V harvested. The company also had some logs in its log yard in the Po River area, according to a July 2017 handwritten letter to the FDA, seen by The DayLight. We could not independently verify the information, as the road to the forest was inaccessible due to years of abandonment and perennial rainfall.
B&V blames the government for the abandonment of the logs.
“We left logs there because the government failed to fix the road. We did not take them out because of this condition,” said Emmanuel Vincent, the CEO of the company, in a phone interview.” “It is the government that failed to do what it is supposed to do.”
That claim is incorrect. It was actually the company’s responsibility to “recondition and maintain roads adjacent [to] the contract area,” according to the agreement.
In June, the FDA announced the auctioning of abandoned logs across the country, including those in TSC A10. “The exercise will continue in the northern region and then go down south and western part,” said Mike Doryan, FDA’s Managing Director.
While that exercise has yet to be carried out, it does not apply here legally. Having been harvested in 2015, the FDA cannot obtain a court order to auction the woods under the current Regulation on Abandoned Logs, Timbers and Timber Products. The regulation in place when the harvesting was done narrowed the definition of abandonment as only trees cut outside concession and lack tracking number. The current regulation was formulated in 2017 after the previous one proved ineffective in curbing the waste of forest resources.
Legal issues aside, there is no evidence that the FDA has done anything about deserted logs nationwide. The DayLight has investigated several incidents of abandoned logs in this region, the Gola Konneh District next door, and elsewhere in Grand Bassa, Lofa and Nimba. Doryen’s claim to auction the woods in June was unlawful as it takes months of legal formalities to do so.
‘They…damaged our forest’
The agreement between B&V mandates the company to pay US$1 per cubic meter of logs it harvested and US$1.25 for land rental fees. It was required to build schools, clinics, handpumps, and latrines for villagers but it did not deliver them. Its only project, a USD$4,018 guesthouse in Zimmidandai, has not been completed, according to a report released on Wednesday by the National Benefit Sharing Trust Board (NBSTB), which secures communities’ benefits and oversees their expenditure.
Vincent admits being indebted to the community but blames the Ebola epidemic and the coronavirus pandemic. “We lost heavily in that area,” Vincent said. “We left most of our heavy machines in there. Besides, the government restrained our operation because of the outbreaks. How could we have sold logs to pay benefits? We were practically closed down.” The FDA did not return queries for comment on Vincent’s claim but health authorities imposed some restrictions to contain both outbreaks.
It was unclear how much the company owes because the government has not remitted all the money logging companies have paid them for communities. TSC A10 received US$460 last year as part of the overdue payment and could receive twice that sum from the US$401,000 the government paid to communities recently.
Zimmidandai in Porkpa District, Grand Cape Mount County. The DayLight/James Harding
By the way, that has not changed the gloom aura logging arouses in Zimmidandai. After years of failure, the government of Liberia finally canceled all 11 TSCs across the country, leaving thousands of United States dollars owed them unpaid and projects unconducted.
The FDA promised to work with the National Union of Community Forest Development Committee (NUCFDC) to address fees owed TSCs. Doryen reechoed that in our interview in June. However, the two entities have not done any work since the meeting, according to Andrew Zelemen, the national facilitator of the group.
“They came and damaged our forest and left us with no development,” Sheriff said. “Now, the government has canceled TSCs, and they are gone. All I can say to you is that we are inside it.”
Top: The Ministry of Finance and Development Planning. The DayLight/Harry Browne
By Emmanuel Sherman
MONROVIA – The Government of Liberia has paid communities affected by forest concessions US$401,000 for their portion of land rental fees collected from logging companies. However, it still owes the communities US$2.3 million, with barely four months left in the budget year.
The Ministry of Finance and Development Planning (MFDP) paid the amount to the National Benefit Sharing Trust Board (NBSTB) in Liberian and United States dollars on Tuesday, according to Nora Bowier.
“We are glad the payment was made,” said Bowier, who heads NBSTB that oversees communities’ expenditure of the payment. By law, communities are entitled to 30 percent of land rental fees companies pay the government. The fee is the product of the total size of the concession and US$2.50 for forest management contracts (FMCs), large-scale concessions and US$1.25 for timber sale contracts (TSCs), smaller ones.
“The process was challenging.” She said the institution had engaged the Ministry of Finance to make sure the balance of the money is paid before the fiscal year ends.
Last year, 23 communities protested at the ministry for more than US$5.5 million the government owed them in land rental. The government initially paid US$200,000 it had promised the villagers to end their protest.
It then allotted US$2,749,000 to this year’s national budget. That amount was reduced to US$500,000 in June. However, only US$401,000 was paid.
“We think that it is something that the government has taken lightly in our view or in my view,” Said Andrew Zelemen, of the National Union of Community Forest Development Committee (NUCFDC), which represents the interest of communities and led the protest said. “It worries us and it is our concern.”
Zelemen there would be a protest if the balance of the money allotted in the budget is not paid by the end of the year.
“If the government does not pay the US$2.3 million from now to December, the communities will not allow logging companies to operate in their forests,” Zelemen said.
Janga Kowo, the Comptroller General of Liberia, did not answer calls placed to him nor responded to text and WhatsApp messages.
The government has collected US$27.7 million from loggers but has only paid US$2.6 million to rural communities since the 2015/2016 fiscal year, according to a report by Forest Trends, a US-based nongovernmental organization that promotes sustainable use of forests and conservation.
That is a violation of the National Forestry Reform Law of 2006, which mandates it to transfer 30 percent of land rental fees logging companies pay to communities for development purposes.
Varney Marshall (right) poses for a picture while a chainsaw miller works at Marshall’s illegal logging site in Gbarpolu County. Picture credit: WhatsApp/Varney Marshall
By James Harding Giahyue
KLAY, Bomi County – A leaked video of a ranger of the Forestry Development Authority (FDA) shot by himself and photographs probably taken by his accomplices have revealed his illegal logging operations.
Varney Marshall, who is assigned at the Klay checkpoint in Bomi County, can be heard ranting in the one-minute-58-second video furious that one of his accomplices was trying to cheat him.
“Look at the woods Abe called 600 pieces. Look at the woods he [has] now hauled. I will wait for him until he comes here,” he can be heard saying at the beginning of the film.
He then turns his mobile phone around an open field of more than a thousand timbers.
“You see it, you see the woods? I am doing this video to send it to my woman straight. You see it, you see the wood?
“He’s here doing Gobachop. That’s here his dismissal will come from. You see the distances the woods [are]? Is that 600 pieces here?” “Gobachop” means black market in Liberian parlance. It was coined in reference to the late Russian leader Mikhail Gorbachev, whose leadership led to the demise of the former Soviet Union.
“You want to steal from me?” Marshall says in the recording.
The leaked video exposed Varnery Marshall, the FDA ranger who runs illegal logging operations.
The video and pictures are believed to be taken at different locations in the forest in Gbarpolu County. Some reveal a sea of timbers scattered on an open field. Some show wood parked in containers. Others reveal Marshall’s accomplices, sitting on top of a mountain of woods, standing near a gigantic tree and posing for a photo with their new chainsaws and gear. Several of the pictures featured Marshall himself modeling next to a chainsaw operator as he saw a huge log.
Marshall had sent the recordings and pictures to a source as a pitch for both men to partner in an illegal logging business. “We need to talk, brother,” Marshall tells the source in the WhatsApp message on August 16 at 8 p.m. His message does not get a reply. The source said he shared the message with The DayLight to prove he was also a victim, not just an actor of the unlawful activity.
The leak comes barely a week after the FDA said it has observed that several illegal timber products are being exported without a trace. It said smugglers were hiding wood in containers. “FDA checkpoint and Free Port of Monrovia staff members are instructed to open all sealed containers from forested areas to verify content and ensure that the FDA duly issued conveying permit documents,” the statement said.
The agency suspended Marshall and Edward Kollie Jallah, another ranger assigned at the Klay checkpoint, over the leaked video and their alleged roles in the transport of illegal woods that involved a police commander and other individuals, according to Cllr. Yanquoi Dolo, the head of the FDA legal team.
“Both Marshall and Jallah are suspended with directives that they report to Monrovia for investigation. They are expected to report to headquarters tomorrow. Their supervisor has been notified,” Dolo told The DayLight.
Marshall and Jallah did not answer phone calls placed to them. They did not reply to WhatsApp messages well.
A container is being uploaded at an illegal logging site run by FDA ranger Varney Marshall. WhatsApp/Varney MarshallWoods loaded in a container that Varney Marshall harvested in a forest believed to be in Gbarpolu. WhatsApp/Varney MarshallA pile of woods Varney Marshall, an FDA ranger, illegally harvested in a forest believed to be in Gbarpolu County. WhatsApp/Varney MarshallA pile of woods Varney Marshall, an FDA ranger, illegally harvested in a forest believed to be in Gbarpolu County. WhatsApp/Varney MarshallSome of Varney Marshall’s accomplices pose with new chainsaws and gears. WhatsApp/Varney MarshallWoods Varney Marshall illegally harvestedTwo illegal loggers who work with Varney Marshall. WhatsApp/Varney MarshallWoods Varney Marshall harvested illegally. WhatsApp/Varney Marshall A mountain of timbers Varney Marshall, an FDA ranger, illegally harvested. WhatsApp/Varney Marshall
CORRECTIONS: This version of the story deleted the repeated phrase “means black market.” It also corrects “woods” for wood in the fifth paragraph.
“My thing was to ensure that I attract potential investors to Liberia,” Anderson told The DayLight in a phone interview.
Anderson said he contacted Augustine Dunbar, one of his friends, who took him to Weimu, a village in the Bopolu District of Gbarpolu County. Dunbar then introduced him to villagers there, Anderson said. Within months, the logs were ready for transport.
At that point, Anderson contacted Dawoda Sesay, the commander of police deports in the Paynesville area known as Zone Five, to help arrange the transport. Sesay hired three container trucks to move the logs, promising to pay them either US$1,000 or US$900, according to Sesay himself and the truck owners.
Last month, the trucks arrived at Anderson’s logging site, were loaded with logs, and took off. But rangers of the Forestry Development Authority (FDA) halted the transport. Two trucks were arrested at the Klay checkpoint on the Bomi highway and the one at Sawmill on the Tubmanburg-Bopolu highway.
The rangers found out that Anderson and Sesay did not obtain approval from the FDA to transport the logs. The Klay trucks were immediately impounded at the FDA regional office in Tubmanburg. The one at Sawmill was held exactly there. After weeks of investigation, the rangers later discovered Anderson and Sesay were running an illegal logging operation, one of the severest offenses in the forestry sector.
The FDA has sued Sesay and the owners of two of the trucks over the illicit operation.
“The FDA sees the actions of Mr. Sesay and the owners of the truck as a gross violation of the National Forestry Reform Law,” Cllr. Yanquoi Dolo, the head of FDA’s legal department, told The DayLight in an email. “The Managing Director of the FDA, Hon. C. Mike Doryen has frowned on this gross illegality and has requested that sternest of action against the violators consistent with the laws governing the forestry sector.” The lawsuit comes as reports of illegal shipments of timbers and timber products are on the increase.
An investigation by The DayLight has found more details of the illicit activities, following our initial report of the seizure of the logs two weeks ago.
Ex-diplomat Richmond Anderson. Facebook/Richmond Anderson
Commander of Zone Five police deports Dawoda Sesay. Facebook/Dawoda M. Sesay
‘Sample’
Before you engage in logging activities in Liberia, you must have a company, registered at the Liberian Business Registry and then apply at the FDA. The agency will vet your company, including its capacity to operate and your criminal record. Once your business meets all of the criteria, it is prequalified to do logging in Liberia. Thereafter, you will have to seek a contract with the FDA or an agreement with a community, subject to the agency’s approval. That goes with the transport of woods.
That was not the case with Anderson. “I have not done logging before, don’t know the different species of logs. I have no idea, it was my first time,” Anderson told us in the phone interview.
Anderson said Dunbar introduced him to a customs officer at the Freeport of Monrovia he only identified as Peter, who told him it was possible to ship woods without a permit.
He said he had Korean business partners who were interested in exporting first-class logs and had assured him of buying the woods once he delivered them. He added that the woods were a kind of experiment for future deals.
“They (Koreans) want to carry the wood as a sample and then pay later,” Anderson said. “So Sesay agreed to help me with some of the money.”
Some of the logs there were illegally harvested in Gbarpolu in one of the container truckers that were seized by the Forestry Development Authority. The DayLight/Gabriel Dixon
The FDA has indicted Sesay, Shakia Kamara, who owns one of the Klay trucks, and Layee Sheriff, the owner of the one at Sawmill, in separate lawsuits in Bomi and Gbarpolu County, according to court officials. The agency is seeking a US$25,000 fine, a 12-month prison term for the men, and forfeiture of the vehicles, all maximum penalties under forestry laws and regulations. It would indict the owner of the third truck once it gets a name, according to Dolo.
The agency has also asked the courts to allow it to take the logs in line with the Regulation on Confiscated Logs, Timbers and Timber Products. It will need another court order to auction them.
Sesay admits he hired the trucks to transport the woods but said he did not know whether the operation was illegal.
“As police officers, we have our inalienable rights: the right to live, right to survive. So, if my brother came to me and said, ‘Look, I need this assistance,’ then… I made the arrangement… is that something prohibited? Sesay told The DayLight in an interview at his Mount Barclay residence. “Even if I knew what they (truckers) were going to get, that is none of my business. If the transaction was illegal, I was not there to know that it was illegal.
“The good thing there, I didn’t facilitate armed robbery, I didn’t facilitate murder, I didn’t facilitate drugs trafficking, nor human trafficking,” he added.
The owners of the trucks said they were also unaware that the woods were illegally harvested. Sheriff, one of the two trucks’ owners who have been indicted, said Sesay had promised to give them the documents for the wood once they arrived at the site but did not.
The National Port Truckers Association of Liberia said the scandal has “embarrassed” the group. It said it would try to prevent such illegal transport in the future.
“We want to have a memorandum of understanding [with the FDA] because we want to avoid future embarrassment. This is a complete lesson to us now. We know that there is a lot of clandestine activities going on with the transportation of woods,” said Yahaya Kemokai, the secretary general of the association.
The FDA said in a statement last week it has observed that several illegal timber products are being exported without a trace. It said smugglers were hiding woods in containers. “FDA checkpoint and Free Port of Monrovia staff members are instructed to open all sealed containers from forested areas to verify content and ensure that the FDA duly issued conveying permit documents,” the statement said.
The truck that was held at Sawmill, owned by Layee Sheriff, one of the people indicted for alleged illegal logging. The DayLight/Gabriel Dixon
‘On Credit’
The site of Anderson’s logging operations appeared equally illegal. A muddy and rough road branches into the forest at the top of a hill. Remnants of the illegally harvested logs lay around.
It was not clear how much volume of logs was harvested. However, Anderson said they were all Ekki woods, a very expensive species of logs that currently sells for US$210 per cubic meter on the international market. His statement was backed by Dolo, who said, “All the trucks have crossed cut Ekki Logs.”
The illicit loggers felled 17 trees but used 15, according to the villagers we interviewed. “It was 17 trees but they said two were damaged, they had holes in them,” said Emmanuel Massaquoi, one of the villagers.
Anderson and the locals had verbally agreed to cut the 15 trees in exchange for US$2,800 per tree, according to both parties. But it was a long negotiation process that involved half a dozen people.
Anderson and Sesay initially contacted Dunbar, who introduced the pair to a man only identified as Korvah. It was Korvah who actually introduced the pair to Massaquoi. Massaquoi then contacted Fatu Samukai, his mother-in-law, who claims ownership of the forest, Massaquoi told us in the interview. Samukai appointed Massaquoi to represent the village. Then the unlawful deal was sealed.
By law, communities are entitled to benefits from their forest resources but they must first meet FDA requirements. Moreover, said the agreement must be approved by the agency. That was not the case with Weimu, another layer of the illegal activities.
Anderson, Dunbar, Korvah, Massaquoi and Samukai could also be indicted, as the FDA conducts a further investigation into the illicit act, according to Dolo. A person commits an offense if they intentionally or negligently cut trees illegally, according to the regulation on confiscated logs.
“I regret my action. I am just appealing to the commercial and legal departments of FDA,” Anderson said. “I have learned the hard way.”
Korvah declined to comment, we were not successful in tracking down Dunbar, and Samukai was still recovering at the Jallah Lone Hospital in Bopolu at the time of our investigation.
Meanwhile, the case at the 11th Judicial Circuit Court in Tubmanburg begins Tuesday. The DayLight will provide you with details of the proceedings as they unfold.
Henry Gboluma and Mohammed Sheriff contributed to this report.
The story was a production of the Community of Forest and Environmental Journalists (CoFEJ).
Top: Kpayaquelleh Community Clinic is one of several projects undertaken from logging resources in Salayea District, Lofa County. The DayLight/James Harding Giahyue
By James Harding Giahyue
SALAYEA DISTRICT, Lofa County – The Kpayarquelleh Community Clinic sits on a hill in the town whose name it bears. Established in 2018, it caters to nearly 2,000 people here and seven other towns and villages between 10 km and 55.6 km all the way to Gbarpolu County. Its services include maternity, emergency, vaccination and other things. Drugs sold at the clinic are less costly as compared to other clinics, according to its administrators.
But the clinic is not run by the Ministry of Health or a nongovernmental organization. It is supported by community leaders with funds they generate from a logging concession signed between the government of Liberia and Alpha Logging and Wood Processing Company. The 25-year concession was signed in 2009, covering 74,186 hectares of forestland in Salayea and Zorzor.
“The money we get from the company, the community forest leadership purchases drugs,” says Deddeh Momolu, the deputy officer in charge of the clinic, in an interview with The DayLight. A sketch map of the clinic and another poster of communities, their distances and populations adorn a wall of the clinic.
“We are doing this because the funds are logging benefits we get from Alpha. Affected communities own the clinic,” Momolu adds.
By law, towns and villages affected by logging concessions signed between the government and companies are entitled to benefits from their forests. That is a crucial component of forestry reform in a country that marginalized locals for decades. But many communities are yet to receive things like log-harvesting and land rental, scholarship fees and dozens of mandatory projects. The government canceled over seven small-scale contracts in March earlier this year, leaving communities’ arrears unpaid, and promises of roads, schools and clinics unfulfilled by the companies that held those contracts.
Yet the Kpayarquelleh Clinic—and other projects here in the Salayea and Zorzor districts that were built with logging money—is a reminder of how forest resources can benefit rural communities.
Townspeople view a newly constructed teachers’ lodge in Ganglota, Salayea District in 20019, built with logging money. The DayLight/James Harding Giahyue
Apart from the clinic, Salayea and Zorzor have seen a dozen of projects conducted with logging money between 2016 and last year that cost more than US$75,000. You have a guesthouse in Gorlu and another in Beyan Town, a market hall in Gbonyea and a school building in Fassawalazu. Six handpumps have been constructed in towns and villages as well as four toilets. Three hundred homes have received roofing sheets. There is a teachers’ lodge in Ganglota and Kpayarquelleh just next to the clinic. There is a resource center nearby—with forest-related books and development materials—where community meetings are held. And there is one concrete bridge under construction, one of two passages in the concession area.
“In terms of benefits to rural communities, the communities in FMC-A Lofa are benefiting to some extent in terms of the National Forestry Reform Law,” says Andrew Zelemen, the head of the secretariat of the National Union of Community Forestry Development Committees (NUCFDCs). “FMC-A Lofa” is the industry name for the Forest Management Contract Area A of Lofa County. The NUCFDC represents the interest of villagers whose forests are awarded to concessioners countrywide.
“We are appreciative of the work Alpha is doing there and we look forward to other companies doing that,” says Ekema Witherspoon, the head of the secretariat of the Liberia Timber Association (LibTA), which represents the interest of logging companies. “That is what we want.”
Alpha pays the community regularly for logs it harvests compared to other companies. It shares harvesting data with locals for checks and balances, according to Zelemen, who is also a member of the leadership of Salayea and Zorzor. He says the company is also regular with its harvesting payment.
It would have paid more if the coronavirus pandemic had not taken a toll on the company, stifling production and export, according to George Smith, the company’s general supervisor.
The industry’s numbers speak well for Alpha. Between 2009 and December last year, it paid the government of Liberia US$5,457,037, the second-highest in the entire industry, according to official records. Only International Consultant Capital, which operates in River Cess and Nimba, paid more (US$ 9,501,939.46).
“It is commendable when companies fulfill social agreements that are signed with the affected communities and we congratulate Alpha for doing so,” says Roberto Kollie, of the National Benefit Sharing Trust Board (NBSTB). The board is responsible to collect annual land rental fees from the government and oversee their expenditure in communities. Villagers are legally entitled to 30 percent of the land rental fee, which is a product of the total size of the forest and US$2.50. That is US$55,639.50 each year.
Women dance at the dedication of a guesthouse in Gorlu, Salayea District in 2019 that build by villagers themselves with money they obtained from Alpha Logging and Wood Processing Company. The DayLight/James Harding Giahyue
“We call on all companies to follow the example of Alpha by making sure that social agreements are fully implemented,” Kollie adds.
But all has not been rosy.
Just two years ago, the company and villagers had a frosty relationship over the payment of fees and projects. Villagers set up roadblocks and stopped the company from working. The protest was quelled only after the company made a commitment to pay some of its debt and promised to pave roads and erect bridges in the area.
The quality of some of the projects is poor, including the market hall in Gbonyea and guesthouses in Gorlu and Beyen Town, according to Kollie. “The National Benefit Sharing Trust Board has put in mechanisms that will ensure that greater value for money is achieved and the quality of projects improved during future implementation,” he tells The DayLight via email.
And Alpha still owes the communities here and in Gbarpolu over US$2 million in land-related fees, according to official records.
Witherspoon says there is still much to celebrate.
“One clear message it sends to the forestry sector, in general, is that there is a possibility for companies and communities to work together in a win-win situation,” says Witherspoon whose group conducted alternative dispute resolution (ADR) meetings with the parties that same year.
Payment Issues
By law, companies are to pay land rental fees to the government, which must pay communities 30 percent of that amount every year but that has not been the case. Between 2007 and 2019, the government paid communities US$2.6 million, seven times less than the legal amount, according to a 2020 report by Forest Trends. a 2020 report by Forest Trends, a U.S.-based NGO that promotes the sustainable management of forests, and conservation. The government reduced that amount by US$200,000 last year, after a string of protests at the Ministry of Finance and Development Planning in Monrovia.
To put that into context, out of the US$5.4 million Alpha has paid to the government, villagers in Salayea and Zorzor should have received US$1.6 million. That is more than half the amount the government has remitted to all the 23 communities that host forest concessions.
“The Benefit Sharing Trust Board continues to remain engaged with the government in ensuring that communities receive their fair shares of land rental fees,” Says Kollie. He tells me the institution is securing the payment of US$500,000 of the US$2.7 million allotted in the National Budget, with barely four months left in this year.
Zelemen calls for a long-term solution to the problem.
“We want to see an amendment to the law that will say that the 30 percent the law provides for the community should go directly to the Benefit Sharing Trust Board to avoid the bottleneck issues,” Zelemen says.
“I want to also see that the companies are paying on an annual basis,” he adds. The law provides that logging firms must pay their land rental fees before the date of the award of the concession each year. Moreover, payment of forest-related fees is a requirement for harvesting, export and new forest contracts. But that has not been enforced. Companies’ indebtedness to communities is the most common irregularity in the forestry sector.
A boy washes clothes next to a concrete bridge in Kpayarquelleh, Lofa County, which was constructed with funds raised from logging operations in that area. The DayLight/James Harding Giahyue
For Momolu at the Kpayarquelleh Clinic, it will be a relief for her and the 20 to 25 patients treated there daily when the concrete bridge on the road to the facility is completed. The road is impassable during the rainy season for vehicles. Cars bringing women in labor and emergency cases had to take a farther route in order to bypass the bridge.
“That bridge will really be helpful to us,” Momolu says. “Let the company give what it has for the community so that we can continue our services, and continue to buy drugs.”
This story is a production of the Community of Forest and Environmental Journalists (CoFEJ).
Top: A file picture dated 4 October 2010 of then-alleged Russian arms dealer Viktor Bout inside a cell at the criminal court in Bangkok, Thailand. Picture Credit: EPA
Freeing Bout, who played a well-documented role in the First and Second Liberian civil wars, would be a setback to have him account for the crimes he allegedly committed in Liberia, security experts and justice advocates say.
Between 1989 and 2003, Bout sold weapons to Liberian warring factions—most notably former President Charles Taylor—busting several United Nations arms embargoes. Within that time, Taylor’s forces and rivals illegally exploited the country’s timber and mineral industries to buy Bout’s weapons. Some 250,000 people were killed in the conflict, which spiraled to other countries in the region. The conflict degraded Liberia’s forest and the country became synonymous with “Logs of war” and “conflict timbers” across the world. The chaos stirred reform in the logging sector.
In 2009, Liberia’s Truth and Reconciliation Commission (TRC) recommended that Bout be investigated for his role in the country’s crises but this is yet to happen more than a decade on.
“[Bout’s] possible release is a dent in the quest for justice in Liberia,” says Hassan Bility, the executive director of Global Justice and Research Project (GJRP), which helped convict Liberian war criminal Alieu Kosiah and United States immigration fraudsters Mohammed Jabbateh and the late Thomas Woewiyu whose crimes were linked to Liberian civil wars.
“His imprisonment did bring some relief and justice to Liberia. The US, in line with its interest in justice, at least did something which we appreciate,” Bility adds.
Bout was active in Afghanistan, Colombia, Angola, the former Yugoslavia, Yemen, Somalia and the Democratic Republic of Congo. But it was his deals with Taylor that capped the former Soviet soldier’s career as the world’s most notorious gunrunner—or that led to his downfall.
While Bout busted arms embargos to supply Taylor with arms and ammunition in Liberia, Taylor illegally exploited the country’s logs and minerals and abused its huge shipping registry—the second-largest in the world—to pay Bout. The two men met personally, according to eyewitnesses cited by American journalists Douglas Farah and Stephen Braun in their 2007 book “Merchant of Death: Money, Guns, Planes and the Man Who Makes War Possible.”
Earning other aliases: “Sanctions-buster,” “Lord of War” and “The McDonald’s of Armed Trafficking,” Bout broke a number of United Nations arms embargos on Liberia between 1992 and 2003. His fleet of ships and airplanes transported the weapons to Liberia, using different pseudonyms and shell companies, transiting through countries like Gambia, Chad, Burkina Faso, Cote d’Ivoire and Niger. That fitted well with his mastery of speaking English, Russian, Portuguese, French, Arabic and other languages, a benefit of his training as a translator in the Soviet military. In 2005, the United States Treasury Department said Bout controlled one of the largest networks of ships worldwide. He had ties with other gunrunners, including Sanjivan Ruprah, a Kenyan arms dealer, who was arrested in Belgium in 2002. Ruprah has stayed in Liberia and carried several Liberian passports, which identified him as the deputy commissioner of maritime affairs.
Taylor’s illegal timber operations were equally organized. It comprised the Forestry Development Authority (FDA), the then Ministry of Mines and Energy, militiamen led by his son Chuckie Taylor, logging companies, and combatant miners. At least 17 logging firms, including Oriental Timber Company (OTC) and Exotic Tropical Timber Enterprise, played a role in illegal arms trafficking, and civil instability in Liberia, according to the TRC. A report by the UN-backed Forest Concession Review Committee found that logging companies paid US$7.9 million in Taylor’s personal account. In one transaction, OTC paid Taylor US$3-5 million, according to a 2002 Global Witness report, citing sources.
An old OTC camp in River Cess. The DayLight/Eric Opa Doue
Taylor ran his illegal operations with Bout mainly through Guus Kouwenhoven, a Dutch gunrunner, who owned OTC. By 2000, the company controlled 1.6 million hectares of forestland, or 42 percent of the country’s concessional forest. The United Nations Panel of Experts on Liberia cited a transfer of US$500,000 by OTC’s parent company in Singapore, Borneo Jaya Pte Ltd to San Air, one of Bout’s airlines. OTC-chartered ships supplied weapons to Taylor at the Port of Buchanan three times between September and November 2001. The supplies contained 7,000 boxes of ammunition, 5,000 rocket-propelled grenades, 300 howitzer shells and other equipment, according to a report by Farah in the Washington Post. Meanwhile, OTC wasted logs to build bridges, polluted villagers’ water sources, desecrated ancestral graveyards, and, among other things, failed to fulfill promises it made to affected communities. Taylor’s forces protecting the company’s interest committed several human rights abuses. The Inquirer newspaper reported in 2000 allegations that the company operated a “private prison and barracks.” The UN imposed sanctions on Liberian timbers (and diamonds) to curtail the carnage. That sanction was only lifted after the government of President Ellen Johnson Sirleaf agreed to reform the sector. New laws and regulations were created, a system to track logs from harvest to export was established, and communities’ benefits were guaranteed.
Amid those things, an insurgency against Taylor’s government, coupled with international pressure and prolonged sanctions, weakened Taylor. In 2003, the Liberia United for Reconciliation and Democracy (LURD), which had launched its rebellion against Taylor in 1999, attacked the capital. With American President George W. Bush stating he “must leave Liberia” and Nigerian president Olusegun Obasanjo offering him exile, Taylor resigned in August 2003. And that marked the end of the 14 years of civil unrest.
The following year, Bout and Taylor were subjected to UN and U.S. sanctions, travel ban and assets seizure, similar to the one placed on three officials of the current Liberian government. It took more than a decade for the asset freeze and travel ban to be lifted.
Bout moved on with his illegal arms deals after Taylor’s fall, surviving an International Criminal Police Organization or Interpol notice, and forgery charges in the Central African Republic. In July 2004, Bush issued an executive order, freezing the assets of Bout, Taylor, Taylor’s relatives and some members of the Liberian government. Taylor’s ex-wife and now Vice President of Liberia Jewel Howard Taylor, and opposition figure Benoni Urey were subject to the measure.
“The actions and policies of former Liberian President Charles Taylor and other persons, in particular, their unlawful depletion of Liberian resources and their removal from Liberia and secreting of Liberian funds and property, have undermined Liberia’s transition to democracy and the orderly development of its political, administrative, and economic institutions and resources,” the executive order read. The assets freeze followed a similar one by the UN Security Council earlier that year.
Bout ignored the sanctions and went on with his operations. In 2008, he was arrested in an Interpol operation in Bangkok, Thailand. Bout had offered to supply weapons to rebels of the Revolutionary Armed Forces of Colombia (FARC). It turned out the rebels were actually officers of the U.S. Drug Enforcement Agency (DEA) and the Royal Thai Police.
Initially, American prosecutors charged him with conspiracy to kill U.S. nationals, conspiracy to kill US officers and employees and conspiracy to provide surface-to-air missiles and other weapons to a foreign terrorist organization. But while the U.S. Justice Department pressed for Bout’s extradition from Thailand to America, prosecutors happened upon a new development. Bout had been negotiating to buy a plane on U.S. soil, which violated the sanctions Washington imposed on him and Taylor. Additional charges were filed against him: illegal purchase of aircraft, wire fraud and money laundering. He was convicted by a New York court in 2012 and sentenced to 25 years in prison, 15 years of supervised parole and forfeiture of US$15 million. The court dismissed his initial charges, saying they only originated from the deceptive operation that led to his arrest.
That drew the curtains on the career of perhaps the world’s most infamous arms trafficker, born Viktor Anatolyevich Bout on January 13, 1967, in the former Soviet Union now Tajikistan. His life has inspired a number of documentaries, TV series and movies, including “Lord of War,” which exposed the nature of the international illicit arms trade.
Amid those things, an insurgency against Taylor’s government, coupled with international pressure and prolonged sanctions, weakened Taylor. In 2003, the Liberia United for Reconciliation and Democracy (LURD), which had launched its rebellion against Taylor in 1999, attacked the capital. With American President George W. Bush stating he “must leave Liberia” and Nigerian president Olusegun Obasanjo offering him exile, Taylor resigned in August 2003. And that marked the end of the 14 years of civil unrest.
Former President Charles Taylor (far left), and Guus Kouwenhoven (far right). Picture credit: Global Witness
Bout’s conviction was followed by those of Taylor and Kouwenhoven. A UN-backed Special Court for Sierra Leone (SCSL) found him guilty of war crimes and crimes against humanity in 2012 and sentenced him to 50 years in a British prison. The Netherlands-based court found Taylor aided and abetted murder, rape, conscription of child soldiers and pillage, among other crimes, in the neighboring country that killed an estimated 50,000 people. Prosecutors proved that Taylor supplied the Revolutionary United Front (RUF) rebels with arms and ammunition in exchange for diamonds. Five years after his conviction, a Dutch court sentenced Kouwenhoven in absentia to 19 years for illegal arms trafficking and war crimes in Liberia and Guinea. He had fled to South Africa on medical grounds. Dutch authorities tried to extradite him but a South African judge denied the motion on grounds that his crimes were not committed in the Netherlands.
Liberia’s failure to Prosecute Bout
The TRC recommended Bout face trial for alleged human rights abuses linked to the extractive sector. The allegations included illegal arms dealings, illegal extraction of natural resources, aiding and abetting economic crime actors, fraud, and tax evasion. It also recommended Taylor and Kouwenhoven face charges for war and economic crimes.
Liberia has not prosecuted warlords living in the country for one of Africa’s bloodiest conflicts, least to mention a Russian national. Calls for Liberian war crimes court have increased since former football superstar Geroge Weah was elected president in 2018 but his government has not mustered a political will to do so.
“I would urge countries that have suffered the wars armed by Bout, like DRC, Liberia and Sierra Leone, to seek his extradition from the US,” says Patrick Alley, a campaigner at Global Witness, who investigated Menin and Ruprah. Liberia has had an extradition treaty with the United States since 1939.
There is a good chance Bout could be released in the prisoner swap. The Americans are seeking the release of Griner and Paul Whelan, the other U.S. citizen, who is serving a 16-year prison term in Russia for espionage. Meanwhile, Russia wants Bout, who has not spoken a word to the Americans about an apparent link between his trafficking network and the Russian government. “No American will be exchanged unless Bout is sent home,” Steve Zissou, his U.S.-based lawyer warned last month. Russian news agency Tass reported last week, that Alexander Darchiev, the director of the Russian Foreign Ministry’s North American Affairs, confirmed the deal.
Arthur Blundell, a security expert who worked with the U.S. government and the UN on Liberia’s forestry reform, says his release would add salt to the country’s wounds.
“Bout in prison at least meant that he was not able to conduct his arms-trafficking and other illegal operations,” says Blundell tells The DayLight via email. “This undoubtedly saved thousands of lives in conflict zones around the world.
“And thus, it is a sad day for countries like Liberia to see a convict go free before his prison term has been served.”
Top: Villagers in Bahn Town, the headquarters of Jo River and Nyorwein Community Forest, are excited they can now benefit from their forest. The DayLight/Emmanuel Sherman
By Emmanuel Sherman
NYORWEIN, RIVER CESS – Throughout the two bordering clans of Jo River and Nyorwein far away in the Central River Cess District, villagers expect their logging agreement with Magna Logging Corporation to bring much-needed development to their community.
The newest among 49 authorized community forests across the country, they have leased their land in exchange for roads, toilets, scholarships and clinics, according to the agreement. Those benefits aside, Magna is required by the Community Rights Law of 2009 with Respect to Forest Lands to pay affected communities for use of their land and each log it harvests in the 39,000-hectare forest.
But their hopes could be dashed, given the nature of the logging industry, particularly, community forestry. The 12 years of community forestry has been spiteful rather than sparkling for many communities. Forestry Development Authority (FDA) appears to side with companies more. There are reports of illegal logging in several communities. Companies and individuals are abandoning woods they harvest at an alarming rate, owe communities thousands of United States dollars and the FDA approves new contracts for them.
Jo River & Nyorwein does not have to look far for some of these grim examples. Between 2020 and last year, African Wood and Lumber Company, another logging firm, illegally cut 550 logs in the Gbarsaw & Dorbor Community Forest. The FDA representative responsible for the county was suspended and replaced. It owes that community thousands and has yet to conduct mandatory projects.
Similarly, in Ziadue & Teekpeh signed three years before Jo River & Nyorwein, Brilliant Maju and E&J Investment Corporation have not lived up to their agreement with the community. The company duo has failed to implement projects, sparking protest last year. Following the hostilities, it made a commitment to construct eight handpumps and two latrines in affected communities between September last year to February this year but has not completed them.
By the way, these industry woes are already at Jo River & Nyorwein’s doorsteps. Before its contract with the villagers here, Magna had not lived up to its agreement with Worr Community Forest in Compound One, Grand Bassa County. (It had paid Worr all its land rental, harvesting and scholarship fees, though.) When it signed the agreement in August last year, the company had not done any roads, still had to complete five handpumps, and had not rehabilitated a clinic it agreed to do by that time.
Broken-down equipment of E&J Investment Corporation in Ziadue & Teekpeh in River Cess. The DayLight/Emmanuel Sherman
Magna is also in breach of its contract with Jo River & Nyorwein. The company has yet to begin operation since signing the agreement in August last year. It also has not paid its land rental fees of US$26,105 to the community. It has not done a major road leading to the forest, something locals consider a priority, according to the agreement.
“We really need roads, where there is a road there is life,” says Philip Ben, one of the community’s leaders in an interview with The DayLight in Buchanan.
“Since we signed the agreement last year, we have not had a meeting with them again,” says Alice Giahyou, another member of the leadership. The agreement mandates the villagers and the company to hold periodic meetings whose expenses the company must underwrite.
Molley Kamara, the owner of Magna says the meeting will be held in a week’s time. “There is a community meeting on August 20. I am pretty sure the community’s concern will be addressed,” Kamara tells The DayLight in an email.
“First, it is less than one year ago [since] we signed with Jo River [& Nyorwein]. And we are not worried,” Kamara adds.
Jo River & Nyorwein has its own internal problems. Ben, Giahyou, and have capacity problems and no knowledge of forest governance. Its leadership is not aware of the sector practices and legal frameworks.
“We know some of our rights… but we don’t understand all,” Giahyou adds.
There were indications the leadership of the community are not aware that their agreement with Magna is a public contract. Ben refused to share a copy of the agreement with The DayLight. He initially accepted to give our reporter the agreement, following a week of discussion. When the reporter finally tracked him down at his Worldwide Church in Buchanan, he asked the reporter to first buy legal papers to photocopy the documents. But he stormed out of the arrangement when the reporter came back with the papers. The reporter then demanded he repays the funds used to purchase the papers. Ben refused to repay until the intervention of members of the church.
Paul Nickerson, the head of the community leadership, also refused to share a copy of the agreement with The DayLight while in Monrovia in July. Nickerson eluded us three times before he stopped answering his phone. He only phoned us when he was already back in River Cess.
Weedor Gray, the technical manager for FDA’s community forestry department did not grant The DayLight’s request for access to the agreement, though the document is a public record. No contracts are available on the agency’s website as required by the National Forestry Reform Law. We obtained it from elsewhere. Gray did not return our emailed request for comments.
The Answer is Women’s Participation
Foundation for Community Initiative (FCI), which promotes the empowerment of women and youth in the natural resource sector, has begun working with Jo River & Nyorwein to strengthen its capacity. The four-year project encourages women like Giahyou to participate in the governance of the forest. It has been holding community meetings and using local radio stations to raise awareness in the area.
With funding from the Norwegian Agency for Development Cooperation (NORAD), FCI will also work in Ziadue & Teekpeh, according to a document on the project.
“Jo River and Nyorwein have a lot more to do, their knowledge and skill in forest governance are very limited,” says Felix Foyah, a campaigner of FCI who works on the project.
Foyah says FCI is building on the important relationship women play in forestry to help Jo River & Nyorwein meet the challenges in the sector. Women tend to use forest resources more than men. Many women know which trees are for food and medicine, and how to conserve forests—important knowledge during food crises, according to the FAO. Evidence shows that increased women’s participation in community-forest leadership improves forest governance and sustainability, according to a 2019 report.
African Wood and Lumber Company harvested 550 logs, including these ones in Gbarsaw & Dorbor Community Forest. The DayLight/Emmanuel Sherman
“That is exactly what we hope to achieve. Once there are more knowledgeable women on forest matters that are in the community leadership, they can better combat illegal logging, deforestation and forest degradation,” says Foyah. Only five out of nearly 50 members of the leadership of Jo River & Nyorwein are women.
“We know that there are a lot of issues in forestry,” he adds, “but that is how we can solve those problems.”
Zahn Dehydugar of the Community of Forest and Environmental Journalists of Liberia (CoFEJ) contributed to this report.
Funding for the story was provided by the Foundation for Community Initiatives (FCI). The DayLight maintained complete editorial independence over its content.
Top: One of the four container trucks loaded with illegally harvested logs at the FDA Regional Office in Tubmanburg, Bomi County. The DayLight/Emmanuel Sherman
By Emmanuel Sherman
TUBMANBURG, Bomi – The Forestry Development Authority (FDA) has seized four container trucks loaded with round logs that have been illegally harvested in Gbarpolu County.
Joseph Tally, FDA’s deputy managing director for operations, told The DayLight on Sunday that the agency would provide details on Monday but said it was still investigating.
“Right now, we are in pursuit of the [alleged] perpetrators,” said FDA’s Managing Director Mike Doryen, responding to a Facebook user’s allegation that the agency had taken a bribe from the company. “If we wanted [a] bribe, we could have allowed the containers [to] leave, and not to [seize] the logs.” He did not answer calls placed to him.
FDA rangers at the Klay checkpoint arrested the trucks recently after their drivers failed to show permits for the transport, according to sources.
The sources said the rangers later found out that logs were harvested from a forest in the Bopolu District by Reliable Import and Export Company, which has not acquired a logging license. The logs are ekki, an expensive species of wood, currently trading for US$281 per cubic meter on the international market.
The National Forestry Reform Law of Liberia prohibits logging without a contract.
Under the regulation, the FDA must confiscate the woods and auction them through two separate court orders.
One of the four trucks loaded with round logs that were seized by the Forestry Development Authority (FDA) in Tubmanburg, Bomi County. The DayLight/Emmanuel Sherman
(This version updates the previous version of the story, adding comments from the Managing Director of the FDA, the name of the company, and details of the woods illegally harvested and their price. We will add details as they unfold)
Henry Gboluma of the Community of Forest and Environmental Journalists of Liberia (CoFEJ) contributed to this report.
Top: A man brushes grass from a pile of logs illegally harvested by Universal Forestry Corporation, a company started and still owned by Minister of Posts and Telecommunications Cooper Kruah. The DayLIght/James Harding Giahyue
By James Harding Giahyue
Editor’s Note: This is the second of a three-part series on Minister of Posts and Telecommunications Cooper Kruah’s conflict of interest as a shareholder in Universal Forestry Corporation. It focuses on Minister Kruah’s illegal logging dealings.
TAPPITA, Nimba County – At the end of a 20-minute motorcycle ride from a town called Korlay, lie dozens of logs on a rocky, bushy road into the forest.
“That’s just small you see here. There are more in the bush,” one man tells my colleague Gabriel Dixon, our two motorcycle-taxi riders and me, as he cleared grass from a pile of logs. We cannot name him and other villagers we will interview over their fear of retribution.
We are in the Sehzueplay Community Forest in the Tappita District of Nimba County, where Universal Forestry Corporation (UFC) operates. The company signed an agreement with villages here in 2020 to share logging resources for 12 years. Last month, an investigation by The DayLight found that the Minister of Posts and Telecommunication Cooper Kruah is one of the owners of the company, rendering the agreement illegal. Kruah has admitted to being in a conflict of interest over his continued role in the company for more than four years since he became a government official.
But we have come here to uncover more of UFC’s violations, beginning with these logs it harvested in this part of the Gio National Forest. The leadership of Sehzueplay says the woods were cut between October 2020 and November last year, and records from the harvesting corroborate this timeline.
The Forestry Development Authority (FDA) did not approve the harvesting, according to a January 21, 2022 memo from a ranger to Jin Kyung, UFC’s general manager, we have obtained.
“During our recent visit to your concession area, we discovered that you were doing illegal [felling]. You are felling [trees] without being awarded a [felling] certificate,” the memo reads, signed by Steve Kromah, the ranger responsible for forest contracts in the Tappita area.
“In view of the above, you are hereby ordered closed with immediate [effect], pending advice from the FDA management,” it says.
Kromah had said in an earlier interview with The DayLight in Buchanan that he had halted the company’s operations because “Their felling certificates are all expired.” Now, he accuses us of misunderstanding his initial comments on the matter.
“Maybe I don’t know English but that is what I mean. Maybe you don’t understand forestry language very well but what I wrote is what you’re seeing there,” Kromah says in a phone call.
“When management asks me, I will know how to answer. Management will understand it that way. You cannot understand it. I didn’t write it to you,” he adds and hung up the phone. He has been reassigned, according to sources familiar with a recent wave of reshuffles at the FDA over illegal logging.
Unauthorized harvesting is a violation of the Code of Harvesting Practices. (That is the same offense another company committed in River Cess) UFC is required to pay a fine of twice the total value of the volume of each species of logs illegally harvested as per their world market prices, according to the Regulation on Confiscated Logs, Timber and Timber Products.
The FDA will, however, have to obtain a court order to confiscate and auction the logs but it must first find out the total volume of the illegally harvested logs. Partial data of the harvesting we obtained shows 150 logs, but the community leadership estimate there are 200 more woods. Some of them are in good shape but others have defects, indicating it would be difficult to auction them.
UFC also did not conduct an environmental and social impact assessment in 2020 for its operations in Sehzueplay, according to the Liberia Extractive Industries Transparency Initiative (LEITI). That again contravenes the Code of Harvesting Practices, which sets it as a prerequisite for felling trees. The Environmental Protection Agency of Liberia (EPA), the government institution that oversees the assessment, did not grant us an interview on the matter up to writing time.
Logs Universal Forestry Corporation, owned by Minister of Posts and Telecommunications Cooper Kruah, abandoned scores of logs in Tappita, Nimba County. The DayLight/James Harding Giahyue
That would not be UFC’s only violation, though. The company subcontracted another firm called Ihsaan Logs Company (ILC) with neither the approval of the FDA nor the consent of the community. ILC is managed and owned by Mohammed Paasewe, the former Superintendent of Grand Cape Mount County.
In fact, ILC-hired loggers harvested some of the logs we see in the forest, according to communications between the two companies seen by The DayLight. Logs with “UFC/ILC” markings shine through wet, towering grass, back that evidence.
UFC and ILC had signed the illegal agreement in November last year, the documents, seen by The DayLight, show. The deal was torn apart, less than two months later due to disagreements over payments and equipment, according to the documents.
“We have resolved to inform [you] that as of the date of this letter, the [proposed] agreement is off our table for negotiation, and that we are advising you to immediately recall all of your personnel/employees that were sent to our concession areas,” a January 31, 2022 letter from UFC to ILC reads. “We also reserve the right to demand payment for our yellow machine that you used… during your operation.”
Paasewe replies to an unnamed representative of UFC with a series of requests for repayment of fees his company had paid UFC in a WhatsApp chat seen by The DayLight.
“What happened to the US$1,200 that you received before… (US$700 for the visit of his computer man to attend a meeting [a] in Tappita, US$500 to stop the mechanics from taking parts from his machine)?
“What happened to the US$300 to bring electricity to his house, US$300 to finish his preparation for the new place, US$400 for the repair of the pickup and US$300 for documentation, and also who pays the US$500 for the advance payment for the repair of the D8 [bulldozer]?
Paasewe alleges in the exchange that Kyung had told him that Sehzueplay had 19,000 hectares of forestland, not the 6,890 hectares it covers in reality.
Kyung replies to Paasewe roughly two weeks after his previous letter, agreeing to repay ILC US$10,850 in March, which Paasewe says has not happened five months on. Efforts to speak to Kyung did not materialize. He did not reply to emailed questions on his deal with ILC and other issues as well. We called him twice but he said he was in the forest and had no access to a computer or internet.
As part of their deal, ILC was supposed to pay UFC US$200,000 as an advance payment on the sales of logs at the rate of US$30 per cubic meter, regardless of the species. (Logs are priced based on their species) In return, ILC agreed to harvest at least 1,500 cubic meters of logs each of the remaining 10 years of the contract.
An illegal logging deal between Universal Forestry Corporation and its Ihsaan Logs Company failed over payments and equipment. The DayLight/James Harding Giahyue
Then the parties settled to delay the construction of the headquarters of the community’s leadership and a school building— both due last year—by two and three years, respectively, the unapproved agreement shows.
“That is why we did not sign that document. “It was not in our interest,” Moses Wobuah, the head of the community leadership, tells us in an interview at his home in Korlay, one of seven towns and villages affected by UFC’s unlawful operations. Volay, Zeongehn, Zuolay, Graie, and Sehye Village complete the list.
“That document is null and void. It is not legal,” Wobuah adds.
Paasewe has not repaid the full amount he embezzled. “We are in the process,” he tells me in an interview at his office in Monrovia. “I don’t want to have those kinds of things hanging over my head. I want to get that out of the way.”
Having admitted to theft barely a year before his UFC subcontract, Paasewe’s company is ineligible for any logging operations, according to the National Forestry Reform Law. Businesspeople who concede to such a crime are barred by the law from any kind of forest resource license for five years.
ILC applied for prequalification to do logging in Liberia last year but has not been approved, according to Paasewe and sources at the FDA. The agency did not provide The DayLight copies of ILC’s application documents, though public access to such information is guaranteed under the National Forestry Reform Law and the Voluntary Partnership Agreement (VPA) between Liberia and the European Union. The FDA had flouted its own Regulation on Bidder Qualifications by initially prequalifying UFC for Sehzueplay with the Postmaster General of the Republic of Liberia one of its shareholders.
Paasewe says he is willing to relinquish his shares in ILC or place them in a firm or a person he has no control over to be in line with the law.
“We’re going to have to do an overhauling. When we are reapplying, you can be assured of that,” he says.
“I am grateful for the work you do because this will keep everybody’s foot to the fire to do what is right. Whether we are victims or whatever, I think when you are called to order, you should always be ready to correct and do your best. What you are trying to save is not for me but for the generation coming after me,” he adds.
Paasewe’s criminal record worsens things for UFC. Like conflict of interest, its unauthorized transfer of the agreement to ILC is another ground for termination of its contract, according to the forestry reform law.
Kruah, a lawyer, claims that turning over his five-percent shares to Prince Kruah, his son, also a lawyer, prevents him from a conflict of interest. “His son is above the constitutional decision-making age and he even [owns] more shares than his father, which is his right under the Constitution of Liberia,” says Caesar Slapeh, a spokesman of the Ministry of Posts and Telecommunications in a Facebook message to The DayLight.
But that is not what the law says. It mandates an official of the government to relinquish their shares in private companies doing business with the government to an “entity outside the person’s influence and control, such as an unrelated individual or a blind trust…” With Prince Kruah’s 15 percent equity in UFC, according to the company’s “amended” article of incorporation, Minister Kruah now has more stakes in the company and is in starker contrast with the law.
Owned by Minister of Posts and Telecommunications Cooper Kruah, Universal Forestry Corporation has failed to build a school, a road, and provide scholarships for towns and villages affected by its operations. The DayLight/James Harding Giahyue
Most of the violations we find mirror UFC’s role in the infamous Private Use Permit (PUP) Scandal of 2012, in which some 2.5 million hectares of forests were illegally awarded to logging companies. An official inquest found the company committed several offenses while logging in Butaw District, Sinoe County between 2010 and 2012. That investigation found that UFC did not conduct an environmental and social impact assessment, skipped an environmental permit, did not present a harvesting certificate before commencing logging and that it paid community benefits into a personal account, among other things. UFC’s permit and 62 others were canceled in what remains the biggest scandal to engulf the forestry sector since the end of the Liberian Civil War (1989-2003).
Delayed payments
Amid these violations, UFC has not lived up to the agreement it signed with Sehzueplay, another legal reason for the cancelation of its contract. The company owes the community land-rental fees and an unspecified amount from logs it has harvested in the 6,890-hectare woodland, according to Wobuah. In addition to the school building and leadership quarter in that illegal deal with ILC, UFC has failed to pave a 19-kilometer road, provide drinking water sources and an annual US$4,000 for scholarships.
Official records of the company’s payments corroborate the community’s account. UFC owes both the community and the Liberian government US$155,000, according to the joint implementation committee of the VPA. That is the second-highest debt owned by a company operating in a community forest. Only Liberia Tree and Timber Trading Company (LTTC) has more, US$269,007.
Nanleh Vaye, a member of Sehzueplay’s leadership says UFC has had struggles with equipment. He tells us that disgruntle workers of the company months earlier stole parts from its earthmovers in an apparent disagreement over wages. We see four of the machines parked in the area: two at its office in Korlay and two others on the route leading to the logs. They look like they have not moved for a long time.
“They have not sold one piece of logs from that forest,” Vaye says. “We agreed to give them chance until they can sell.”
But you can sense the general frustration over the UFC among villagers. They have known about Kruah’s ownership of UFC but had thought it would work in their interest as a lawyer and native of Sehzueplay.
“Cooper Kruah said he wanted jobs for Doe Administrative District,” one villager says. UFC has held several mining claims predominantly in this area, the focus of our next investigation on Kruah’s illegal businesses.
“He’s [a] shareholder of the community and legal advisor for the community,” says another, “but he takes the company over us.”
The Forestry Development Authority (FDA), did not grant The DayLight an interview on the company’s illegal operations. We made the first request in a letter on the 27th of last month and followed up with an email more than two weeks after. Managing Director Mike Doryen had said in a phone conversation, “Rest assured, we will take the appropriate action. I will not protect any official of government who breaks the law.”
This story was a production of the Community of Forest and Environmental Journalists of Liberia (CoFEJ).