By Jimmy Suah Shilue: Adjunct Instructor, Department of Sociology, Anthropology, University of Liberia.
Before the emergence of Liberia’s modern judicial system, disputes were resolved through traditional mechanisms that fostered durable peace and reconciliation. These community-based systems—anchored in consensus, storytelling, and restorative practices- were effective in resolving interpersonal and communal conflicts. Yet, while such traditional methods still play a vital role in areas underserved by the formal justice system, they are not without limitations. Concerns over fairness, gender insensitivity, and human rights violations highlight the need for reform and oversight if they are to complement Liberia’s transitional justice efforts today.
In the aftermath of Liberia’s brutal civil wars, the call for justice and reconciliation remains urgent. The renewed political commitment from President Joseph Boakai to establish the War and Economic Crimes Court (WECC) marks a pivotal moment. However, with international support for transitional justice, particularly from USAID, now diminishing, Liberia must rely more on its own cultural resources and inclusive practices to heal its national wounds. One such resource is the Palava Hut, a traditional forum of dialogue, truth-telling, and forgiveness.
There is widespread public support for the WECC, reflecting growing frustration with decades of impunity. Still, resistance remains, particularly from individuals named in the Truth and Reconciliation Commission (TRC) report—highlighting the political entrenchment of many wartime actors. Former President Ellen Johnson Sirleaf has advocated for a Gacaca-style approach similar to Rwanda’s, where community-based courts addressed genocide-related crimes. However, while this sounds laudable, Liberia’s context differs significantly. Rwanda’s Gacaca, although efficient, delivered what many considered “victor’s justice.” In Liberia, where former perpetrators still occupy powerful positions in government and society, a similar process risks being politicized or manipulated, thereby undermining its legitimacy.
Instead, Liberia can draw more relevant lessons from Sierra Leone, which implemented a hybrid model combining international and national laws through the Special Court, alongside community-based efforts such as Fambul Tok. Like Liberia’s Palava Hut, Fambul Tok prioritizes storytelling, public apology, and communal healing—demonstrating that formal justice and traditional reconciliation can effectively coexist.
The TRC recommended the revitalization of the Palava Hut system, and this was further institutionalized in the 2013 Strategic Roadmap for National Healing, Peacebuilding, and Reconciliation. However, the pilots led by the Independent National Commission on Human Rights (INCHR) faced serious challenges—weak implementation, underfunding, and lack of public trust. Still, the Palava Hut endures in many rural areas as the preferred method of dispute resolution. While the formal court system emphasizes individual rights and retributive justice, the Palava Hut aligns with values of communal harmony, elder mediation, and restoration.
Research and field observations show that these mechanisms allow space for face-to-face truth-telling, community participation, and culturally resonant rituals. They do not require introduction or reinvention but need strategic adaptation to meet current justice standards. The Palava Hut emphasizes restoration over punishment, which makes it a valuable complement to the WECC’s prosecutorial approach. Rituals such as the symbolic “Water Oath,” public apologies, and acts of forgiveness demonstrate Liberia’s capacity for healing rooted in tradition.
As Liberia navigates limited resources and growing local demand for justice, national and local actors must reconsider and resuscitate traditional dispute resolution practices, particularly those proven to foster reconciliation without causing harm. Steps may include: Rebranding sacred sites and rituals as reconciliation symbols. Preserving and revitalizing cultural rites and ceremonies. Using traditional gestures such as breaking kola nuts, offering livestock, and swearing oaths before ancestral symbols. Engaging in drumming, songs, and communal dances that celebrate forgiveness and unity.
These culturally significant practices promote communal harmony, social cohesion, and restorative justice. Liberia’s post-war reconciliation has been hindered by a “let bygones be bygones” mentality, allowing impunity to flourish while leaving deep societal wounds unaddressed. As previously argued, unless the powerful—particularly the so-called “big elephants”—are held accountable, justice will remain elusive. Transitional justice mechanisms must avoid becoming tools of elite consolidation or political theatre.
The challenge ahead is twofold: how to integrate traditional practices like the Palava Hut without compromising the rule of law, and how to ensure that the WECC delivers justice impartially, without succumbing to selective prosecution or political capture. To make the Palava Hut a credible partner in Liberia’s transitional justice process, several reforms are necessary. Inclusivity and Gender Equity should be embedded in all practices because traditional nleadership is often patriarchal and discriminatory. Any reconstituted Palava Hut structure must include women, youth, persons with disabilities, and minority groups, particularly in decision-making roles.
The Palava Hut should have clear jurisdiction and should only handle cases suited for restorative resolution, less egregious crimes, communal grievances, and reintegration issues. Cases involving gross human rights violations, rape, and systemic economic crimes should remain the purview of the WECC and formal judiciary.
Groups like the Poro and Sande societies still wield enormous influence in rural areas and should therefore not be left out completely from the configuration. Rather, their members should be carefully vetted and integrated into Palava Hut committees to ensure cultural legitimacy while avoiding harmful practices.
As seen in the Special Court for Sierra Leone, effective outreach programs must be impartial, accessible, and interactive. Palava Hut mechanisms must be publicly understood, community-driven, and transparent, with clear communication strategies to avoid misinformation and fear.
While certain economic grievances may be resolved through community dialogue, systemic looting, pillage, and state capture must be dealt with through prosecutorial mechanisms within the WECC, not diluted through traditional rituals and practices as outlined above.
With donor fatigue and USAID’s withdrawal from transitional justice programming, Liberia cannot afford to delay. President Boakai’s endorsement of the WECC is a historic step, but it must be matched with concrete actions: financial support, technical expertise, and coordination with traditional structures.
This is a defining moment in Liberia’s post-war trajectory; either the country seizes this window to address the past holistically, or it risks entrenching cycles of impunity and social fragmentation.
Liberia’s journey toward justice, reconciliation, and national healing requires a nuanced, inclusive, and contextually appropriate approach. The dual application of the WECC and a reformed Palava Hut mechanism offers a strategic pathway to blend formal accountability with traditional healing.
Although the TRC laid the foundation for national healing, its implementation has been stalled, fragmented, and politicized. In this vacuum, traditional justice mechanisms like the Palava Hut offer an accessible, culturally resonant vehicle for community-based reconciliation. Yet, without national coordination, legal safeguards, critical system audit and policy coherence, their transformative potential will remain underutilized and counterproductive.
Transitional justice and national reconciliation projects must be people-centered, culturally informed, and institutionally anchored to succeed. This underscores the importance of bridging the gap between customary justice and formal accountability mechanisms like the proposed War and Economic Crimes Court. Restorative justice rooted in local values, can play a pivotal role in Liberia’s fragile post-war context but must not be mistaken as a substitute for justice that addresses impunity. In other words, bridging the culture of impunity is critical in building sustainable peace and reconciliation, and this requires a holistic approach. Also, the WECC will need to build constructive relationships with other transitional justice mechanisms as articulated above.
Recommendations
Reconstitute and fund the Palava Hut system as a national transitional justice mechanism with inclusive membership and operational support.
Define the jurisdiction of both the WECC and Palava Hut to avoid duplication and ensure appropriate case handling.
Launch nationwide public education campaigns using culturally relevant tools like storytelling, drama, and local media.
Seek support from ECOWAS, the African Union, and the European Union to complement USAID’s absence.
Ensure transparency and accountability in both systems to build public confidence and guard against political interference.
Justice must not only be done, rather it must be seen, felt, and experienced by the Liberian people, especially the victims. Tradition and law are not mutually exclusive. In Liberia, they must walk side by side—each reinforcing the other to deliver true reconciliation and sustainable peace.