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operations, and their respective families (54). Is "family" to
be interpreted in the Western way, or does the African concept
of "family" prevail, as certainly the workers and possibly also
the government employees will claim, and which conflict of
interpretation had already given cause to much irritation and
agitation in other (foreign-owned) enterprises?
Theoretically, the Government would have had a strong hold on
the management of the operations of the concessions, which were
to take place with the advice of a Technical Committee
consisting of five members, with an equal vote, two of whom
appointed by the Government and three by the Operator (55),
though the composition of this committee at the same time
limited the scope of the Government's authority in this
respect. Detwiler even added to this structure a Board of
Directors of nine persons of whom four Directors would be
appointed by the Government and five by the Operator (56).
This may be called Unique for a company in which the
Government does not hold any shares.
In spite of these comments, positively outstanding features
were the Articles 12 ("preference given to Liberian goods and
services"), 20.2 ("audit by an independent auditor"), 25
("Government's right to terminate the agreement"), 27.2
("application or interpretation of Liberian laws in no event
subject to arbitration") and 30 ("subjects the Operator to all
Liberian laws of general application") of the concession
agreements with the African Mining Partners and the Liberian
Gold and Diamond Corporation, as well as the remarkable clause
found in Article 23 ("no transactions or dealings with any hostile
or unfriendly State").
When compared with the previously discussed agreements the
concession agreements with the National Gold and Diamond
Corporation and with Globex are rudimentary documents
characterized by an unsystematic approach, a neglect of details
and consequent loopholes, and a favouring of the foreign
investor's interests over the rights of citizens and/or national
interests. An example of a loophole created are the Articles
which oblige the companies to maintain a dispensary headed by a
medical doctor and to furnish free medical treatment to employees
whenever more than 150 workers are employed in any one region
(57). Apparantly, labourers will have to pay for medical
treatment when less than 150 are employed, whereas there is no
obligation for the medical doctor to reside in the same area.
This situation was improved in later concession agreements
(see Annex 9, IV-C-1), In respect of education the National
Gold and Diamond Corporation's responsibility was limited to
the supply of facilities for education and both' companies'
obligations did not go beyond the primary school leve\L. Here
too, a change of policy is noticeable in later years, but it
should be noted that these provisions are meaningless in
practice and are never enforced (either for these or other
concessions). Another example of a provision which has
neither been realized nor enforced is Globex 1 obligation to
Liberianize its staff personnel within 5 years,
Globex was treated favourably as the concession agreement did