THE SECRETARY-GENERAL

20 February 1997

IQSS/QENIRAL Excellency, ~ ™~"

I wish to thank Your Excellency for the letter dated 18 February 1997, which was delivered to me today by your Envoy, H.E. Chief Tom Ikimi, Minister for Foreign Affairs of Nigeria. Allow me first of all to express to you my deep appreciation for your good wishes, and for your kind words regarding my appointment as Secretary- General of the United Nations. I wish also to take this opportunity to thank Your Excellency for the gracious manner in which you received my Special Envoy, Mr. Lansana Kouyate, during his recent visit to the region and for the cooperation and assistance which was afforded to him.

My Special Representative for Liberia, Mr. Anthony Nyakyi, has briefed me on the outcome of the disarmament and demobilization process. I share the assessment of the second Ministerial Meeting of the Committee of Nine on Liberia that the disarmament exercise in Liberia has been substantially successful and that it should now be possible to proceed to implementation of the next phase of the peace process, namely the conduct of elections. I therefore welcome the efforts undertaken by the Ministers, in consultation with the Council of State of

His Excellency General Sani Abacha Head of State and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria Abuja -2- the Liberian National Transitional Government, to agree on a set of modalities and a framework under which the elections may be held.

I have carefully studied the specific recommendations made by the Ministers, as set forth in Your Excellency's letter, and I share Your Excellency's assessment that they represent a significant step forward in the peace process. In particular, I note the confirmation of 30 May as the election date (sub-paragraph i); the proposals for reorganizing the Elections Commission (sub paragraph ii); the recommendation for a bi-cameral parliament (sub-paragraph iv); and the proposals for restructuring the Liberian armed forces, police and security agencies (sub-paragraph vi). With respect to the recommendations on the adjudication of electoral disputes and the restructuring of the Supreme Court (sub-paragraph iii), I concur that no final decision can be taken on this recommendation until after the new appointments have been made.

On the issue of refugee participation in the forthcoming elections (sub-paragraph v), I wish to assure Your Excellency that the United Nations and its specialized agencies will spare no effort to assist with the prompt repatriation of refugees who are willing to return to Liberia. Nonetheless, past experience in Africa and elsewhere suggests that repatriation of refugees on a substantial scale is unlikely to take place before the elections, even with the maximum of international assistance. I am conscious that the proposal that refugees could vote in their host countries raises sensitive issues for those countries, but it is desirable that a way be found at least to enable registration to take place in host countries, with proper safeguards, so as to facilitate the widest possible participation in the elections by eligible voters. I hope that Your Excellency will give consideration to this proposal, and that a flexible approach can be adopted in the interests of establishing a process that will include as many Liberians as possible.

In connection with the arrangements for the elections, allow me also to inform Your Excellency that I shall soon be sending a technical team to Liberia to examine operational issues related to the role that UNOMIL can play in the electoral process. The Mission will report on whether it is feasible for elections to be conducted country-wide or only in safe havens, the type and degree of assistance that will be needed by -3- the Liberian electoral authorities, the contributions which the European Union and others can make to the electoral process, and, most important of all, how "coordination" between the United Nations and ECOWAS is to be implemented. I would be most grateful to receive your views on these issues so that a common position can be established.

As Your Excellency notes, the peace process in Liberia has now reached a critical phase. The United Nations is committed to supporting it. Urgent action and close cooperation between our Organizations, the Liberians and donor Governments are essential. Working together, I am convinced that we can succeed.

Please accept, Excellency, the assurances of my highest consideration.

" Kofi A. Annan UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS ADRESSE POSTALE: UNITED NATIONS. N.Y. 10O17

EXECUTIVE OFFICE OF THE SECRET ARY-GENERAL

CABINET DU SECRETAIRE GENERAL 25 February 1997 REFERENCE:

Excellency, The Secretary-General would be grateful if you could kindly forward the attached letter to His Excellency General Sani Abacha, Head of State and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria. A copy of the letter is attached for your information. Please accept, Excellency, the assurances of my highest consideration.

S. Igbal Chef

His Excellency Professor Ibrahim A. Gambari Permanent Representative of the Federal Republic Nigeria to the United Nations New York *-p*w.sste^'«&Ms«Sri»*'si' - /M/^". &

HEAD OF STATE, COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE FEDERAL REPUBLIC OF NIGERIA 1997. H.E. Mr. Kofi Annan, Secretary-General of the United Nations, United Nations Headquarters, New York.

Dear Secretary-General,

I write through my trusted Envoy and Foreign Minister, Chief Tom Ikimi, to convey to you my best wishes for your good health and personal well-being. Let -me also take this opportunity to extend to you once again, warm congratulations on your deserved appointment as Secretary-General of the United Nations. Your appointment is a source of pride not only to us as Africans but also as citizens of two countries, Ghana and Nigeria, which enjoy the most cordial and fraternal relations. I am confident that your appointment will contribute in no small measure, to the fulfillment of African goals and aspirations in an atmosphere of global peace, security and development.

In the past several years, member states of our sub-region have been actively engaged in the efforts to restore peace to Liberia under the aegis of the Economic Community of West African States (ECOWAS). In this regard, several peace agreements had been made, the latest being the Revised Abuja Peace Agreement of August, 1996. Key aspects of the Implementation Schedule of this Agreement included Ceasefire and Disengagement of the warring factions; Disarmament, Demobilisation and Reintegration of combatants, and the conduct of elections on May 30th, 1997 leading to the installation of a democratically elected government by 15 June, 1997. My Foreign Minister has just returned from Monrovia where he presided.over the second Ministerial meeting of the Committee of Nine on Liberia under the current Abuja Peace Plan. The Ministerial meeting was preceded by a meeting of the ECOWAS Chiefs of Staff which was also held in Liberia. The two meetings assessed and evaluated the just concluded disarmament exercise and examined options for the mode of implementation of the last phase of the peace process. I have been fully briefed on the outcome of the Ministerial meeting which concluded that the disarmament exercise in Liberia was substantially successful and that it should now be possible to proceed.to the implementation of the next phase of the peace process - the conduct of elections.

The Foreign Ministers deliberated extensively on the modalities and framework under which the proposed Liberian elections may be held. Their deliberations included a meeting with the Council of State of the Liberian National Transitional Government, at which all the members of Council were present.. .

The Ministers made important recommendations: (i) that the date of elections as scheduled under the Revised Abuja Peace Plan set for 30th May, 1997 will be strictly, adhered to;

(ii) that the elections will be organised and conducted by an independent Elections Commission which will be made up of seven members who will all be Liberians. Three of the members will be appointed by the three former warring factions while the other four members of the Commission will be chosen from the civil society, one each from the Trade and Labour Unions, the coalition of political parties outside any of the parties that may be floated by erstwhile fraction leaders, women organisations and youth organisations. The Chairman of the Commission will be appointed from among the seven members after due consultation with ECOWAS. The Commission is to be assisted by a Committee of Technical Advisers, comprising three representatives one each from ECOWAS, the United Nations and the Organisation of African Unity (OAU). Once the Commission is installed, it will operate independently and the members would be insulated from any outside interference and cannot be arbitrarily removed or replaced. The Technical Advisers, who shall participate in all deliberations of the Commission will exercise no voting rights. These Advisers and the Elections Commission will be meeting shortly to formulate an electoral package for the upcoming elections;

(iii) with regards to adjudication in electoral disputes, the Liberian Constitution had provided that such matters will be handled by the Supreme Court. At the Ministerial Meeting of the Committee, it was observed that the present composition of the Supreme Court did not inspire sufficient confidence as its present members were appointed along factional lines. However, members of the Council of State gave the assurance that immediate steps would be taken by them to restructure the Supreme Court by appointing to it, people who would give it a character of independence and non-partisanship. To this end, the Council has undertaken to liaise with the Liberian judiciary and the Bar Association. ECOWAS would review this matter after the said appointments have been made;

(iv) on the question of the mode of elections, the Ministers recommended that the bi-cameral system of parliament, with a House of Assembly of 64 members and a Senate of 26 members as prescribed in the Liberian Constitution of 1986, would be retained. Elections would be conducted on the basis of proportional representation rather than on the constituency base voting system;

(v) on the issue of refugee participation in the forthcoming elections, it was accepted that refugees will not vote in their host countries. In this connection the Committee took particular note of the strong objections of the Republic of Guinea and the Republic of Cote d'lvoire to refugees voting within their territories. The Foreign Ministers however urged the United Nations and its specialised agencies to assist with the prompt repatriation of refugees who are willing to return to Liberia in time to participate in the registration and voting process;

(vi) in view of the fact that ECOMQG would begin to withdraw from Liberia six months after elections, it was decided that a process should commence for the restructuring of the Liberian Armed Forces, the Police and other security agencies. This programme would be intended to restore national integrity and character to these institutions through a careful recruitment and training process. The new Force would be composed of personnel selected equitably in order to reflect ethnic and geographical spread in the country. The proposals initiated by ECOWAS on this issue would need substantial assistance from the UN and the international community for them to be fully and successfully realised by end of May, 1997.

I have given careful thought and consideration to these recommendations of the Foreign Ministers of the Committee of Nine on Liberia which I find both reasonable and constructive. I believe that, if fully implemented, they should help to restore Liberia to the path of peace and stability. I wish to confirm to you, on behalf of ECOWAS, my endorsement of these recommendations and would very much appreciate the support of the United Nations in this regard. However, I will be discussing with my brother Heads of State, as appropriate, aspects of the implementation of the rest of the peace plan leading up to elections on 30 May, 1997. The Liberian Council of State has been advised to take steps to ensure that all the above processes are concluded before the end of February, 1997, prior to the resignation of any of its members who may wish to participate in the upcoming elections. My Special Envoy will brief you on the details of these matters and other related issues, in particular, the need to ensure that the peace process is carried through to its logical conclusion. An important element which remains to be addressed is how to ensure that international support which is crucial for sustaining the momentum for peace in Liberia, is retained. It is in this respect that the meeting being organised in New York on ..' February 20, 1997 under the auspices of the International Contact Group on Liberia (ICGL), which you have accepted to chair, is both timely and appropriate. At this critical stage of the peace process, the United Nations and the international community should not relent in their support for Liberia. Please accept, Mr. neral, the assurances of my highest esteem.

Sani Abachaf" Head of State, Commarfcter-in-Chief.