| From Freetown, Sierra Leone. Volume 2 CHAPTER THREE
Recommendations I pray never to see again what I saw in my beloved Sierra Leone.
- Extract from the poem “I Saw” by Mohamed Sekoya Introduction 1. The Truth and Reconciliation Commission Act 2000 (“the Act”) requires the Commission to make recommendations concerning the reforms and measures, whether legal, political, administrative or otherwise, needed to achieve the object of the Commission; namely, providing an impartial historical record, preventing the repetition of violations or abuses suffered, addressing impunity, responding to the needs of victims and promoting healing and reconciliation. 2. The recommendations contained in this chapter are designed to facilitate the building of a new Sierra Leone based on the values of human dignity, tolerance and respect for the rights of all persons. In particular, the recommendations are intended to help create an open and vibrant democracy in which all are treated as equal before the law. 3. The Commission is of the view that the adoption of its recommendations will assist the people of Sierra Leone to rise above the bitter conflicts of the past, which caused unspeakable violations of human rights and left a legacy of dehumanisation, hatred and fear. 4. These legacies must be confronted on the basis that there is a need for tolerance, not for prejudice; a need for acknowledgment and accountability, not for recrimination; a need for reparation, not for retribution; a need for community, not for victimisation; a need for understanding, not for suspicion; and a need for reconstruction, not for greed. Unique Legal Framework 5. The Act requires that Government shall faithfully and timeously implement the recommendations of the report that are directed to state bodies and encourage or facilitate the implementation of any recommendations that may be directed to others. 6. The Act further requires that the Government shall, upon the publication of the report of the Commission, establish a committee or other body including representatives of the Moral Guarantors of the Lomé Peace Agreement (“the Follow-Up Committee”) to monitor an facilitate the implementation of the recommendations of the Commission. 7. Few enabling statutes of other truth and reconciliation commissions have contained a provision compelling the governing authority to implement the Commission’s recommendations. Nor are we aware of any similar provision requiring the establishment of a monitoring committee to hold Government to account. 8. The Parliament of Sierra Leone enacted such provisions against the backdrop of a society devastated by bloody conflict and economic decay. The intention behind sections 17 and 18 of the Act must have been nothing less than the most serious endeavour to address the fundamental ills facing Sierra Leone. The effect of the law is to invite the closest scrutiny of the Government’s response to the recommendations made by the Commission. 9. The categorical nature of the law is immensely significant. The only qualifications in the provision requiring the Government to implement the Commission’s recommendations are contained in the words “faithfully and timeously implement.” We interpret these words to mean that the Government is required to take all reasonable steps within its means to implement the recommendations; and that such steps should be taken promptly and without unreasonable delay. 10. Acting faithfully means acting seriously and acting with resolve. It means that the Government is obliged to do all that is within its power and resources to carry out the recommendations. 11. Determining what is “timeous” or a “reasonable period” will depend on all the prevailing circumstances. But it implies that the government must direct its immediate attention to implementation. 12. Assessing faithful and timeous performance will involve a careful and measured analysis of what was possible and realistic in the light of all relevant factors. Approach of the Commission 13. In the light of the peremptory requirement imposed on the Government, the Commission has been mindful of its heavy responsibility to make recommendations that are indeed capable of being implemented. In so doing, the Commission has itself considered what it deems to be “possible and realistic”. This means taking into account the resources and capacity available to the government. Accordingly, the Commission has refrained from overwhelming the Government with recommendations. This would be a meaningless exercise. It is not the role of the Commission to address every ill and shortcoming in society. The recommendations are confined to those that are aimed at preventing the repetition of the conflict, addressing impunity, responding to the needs of victims and the promoting of healing and reconciliation. 14. In making its recommendations the Commission has been reluctant to enter the arena of governmental discretion with regard to what government programmes should be initiated and how they should be implemented. The Government is already in possession of many reports filled with recommendations that urge it to resource its ministries and line functions; to pay its staff better; to build capacity and put in place various mechanisms; and to raise public awareness of various issues. Simply repeating such recommendations will not be helpful to the Government or Sierra Leone. 15. The Commission has rather opted to focus on recommendations that serve to establish and safeguard certain rights, principles and values, consistent with its mandate, which is focussed upon violations and abuses of human rights and international humanitarian law. These rights and values are those that have not as yet been established in Sierra Leone or are under serious threat. The Commission views the implementation of its recommendations as the starting point to prevent the repetition of conflict. FRAMEWORK FOR RECOMMENDATIONS AND THE ROLE OF THE FOLLOW-UP COMMITTEE 16. In order to give practical effect to the approach outlined above, the Commission has divided its recommendations into three main categories, namely “Imperative”, “Work Towards” and “Seriously Consider”. “Imperative” Recommendations 17. In certain instances, the Commission will state that a recommendation is imperative and ought to be implemented immediately or as soon as possible. In the view of the Commission such recommendations fall strictly within the peremptory obligation as stated in the Act. The Government is required to implement these recommendations “faithfully and timeously”. 18. These recommendations tend to be those that establish and uphold rights and values. 19. The Commission proposes that Parliament enact an “omnibus bill” to address those imperative recommendations that may be implemented by mere repeal of existing legislation or parts thereof. The Commission calls for such a law to be enacted without delay. 20. The Follow-Up Committee should monitor closely and regularly the implementation of “imperative” recommendations. “Work Towards” Recommendations 21. In other instances, the Commission recommends that the Government “work towards” the fulfilment of a recommendation. This category is titled the “Work Towards” category. In this category, the Government is expected to put in place the building blocks to make the ultimate fulfilment of the recommendation possible. No time stipulation is made although the Commission nonetheless expects recommendations in this category to be implemented within a reasonable time period. 22. These recommendations tend to be those that require in-depth planning and the marshalling of resources in order to ensure their fulfilment. 23. The Follow-up Committee is required to maintain ongoing monitoring of Government’s performance in respect of its implementation of these recommendations. “Seriously Consider” Recommendations 24. Finally, the Commission makes recommendations for the serious consideration of Government. In the “Serious Consideration” category, while the Government is expected to thoroughly evaluate the recommendation, it is under no obligation to implement the recommendation. 25. Recommendations in this category are not necessarily any less important than those contained in the “Imperative” and “Work Towards” categories. The Commission does, however, recognise that the funds and skills base available to the Sierra Leone state are limited and that there will be recommendations that fall outside the two essential categories. 26. The Follow-Up Committee is required to provide occasional monitoring of the Government’s decision-making in respect of these recommendations. 27. The categories of recommendations are reflected in the following table:
28. Unless specifically stated all recommendations are directed to the attention of the Government of Sierra Leone, along with its various organs and agencies. “Calls on” Recommendations 29. The Commission makes several recommendations directed at bodies that do not fall within the ambit of Section 15 of the Act. These are institutions that do not form part of the Executive or Legislative arms of government or that are non-governmental bodies or members of the international community. In these circumstances, the Commission “calls on” the body in question to implement the recommendation. Role of Civil Society in Monitoring 30. While the role of the Follow-up Committee with regard to the monitoring required in respect of each category of recommendations is specifically set out, the Commission urges civil society organisations and activists to apply equal vigour in monitoring the performance of government and its agencies in the implementation of the recommendations. THE RECOMMENDATIONS 31. The Commission has prioritised the recommendations to address the underlying causes of the conflict. In addition, certain of its recommendations are directed at remedying particular wrongs committed against specific groups, such as women and children. The civil war created several vulnerable groups such as the war-wounded, amputees, the sexually abused and war widows. Specific recommendations are made in relation to these vulnerable groups. The Commission’s recommendations on reparations, which follow this chapter, put forward measures to redress violations suffered by these groups. Findings and Recommendations 32. The Commission’s recommendations are based on the findings it reached. The central findings of the Commission and associated recommendations are highlighted hereunder. 33. The Commission, as its first primary finding, found that the conflict represented an extraordinary failure of leadership on the part of all those involved in government, public life and civil society. No enlightened and visionary leaders emerged to steer the country away from the slide into chaos and bloody civil war. For this reason the Commission highlights its recommendations under the Governance section. In particular, the Commission calls upon leaders at all levels of Sierra Leone society to commit themselves to the principles of leadership contained under the sub-heading “Committed Leadership”. 34. The Commission found that the central cause of the war was endemic greed, corruption and nepotism that deprived the nation of its dignity and reduced most people into a state of poverty. The recommendations under the headings “Promoting Good Governance” and “Combating Corruption” are accordingly highlighted. The Commission calls on all of those involved in the public sector to usher in a new culture of ethics and service and to fight the scourge of corruption which saps the life-force of Sierra Leone. 35. The Commission identified a need for individual and national restoration of dignity and the establishment of a new rights culture in Sierra Leone; a rights culture in which all Sierra Leoneans respect each other’s human rights, without exception. Under the heading “Protection of Human Rights”, the Commission recommends the enshrining of the right to human dignity in the Constitution and the upholding of the right to human life. 36. The Commission found that a factor that contributed to causing the conflict was the suppression of political expression and dissent. The Commission in its recommendations emphasises that freedom of expression is the lifeblood of a democracy. A culture of public debate and tolerance of dissenting ideas is the sign of a vibrant and healthy democracy. 37. The Commission calls for a new and equitable citizenship in Sierra Leone. A common or equitable citizenship is likely to promote a new patriotism and devotion to Sierra Leone. This new citizenship demands a new culture of mutual respect, understanding and tolerance by Sierra Leoneans for all Sierra Leoneans and other peoples. 38. The Commission proposes that Sierra Leone should consider the creation of a new Constitution, which should be the product of a wide and thorough consultative and participatory programme. Such a constitution must lay the foundations for a democratic and open society in which every citizen is equally protected by the law. It must free the potential of every Sierra Leonean. A Sierra Leone that is united around clear constitutional rights, values and principles has a promising future. 39. The Commission found that, prior to the start of the conflict, government accountability was non-existent. It concluded that democracy and the rule of law were dead. The Commission accordingly makes recommendations to strengthen democracy and institutions of accountability. In particular, the Commission highlights its recommendations in respect of the independence of the judiciary, the role of parliament and the holding of free and fair elections. 40. The Commission found that successive political regimes abused their authority over the security forces and unleashed them against their political opponents in the name of national security. Soldiers and police officers were reduced to playing roles as agents of destabilisation. The Commission accordingly highlights its recommendations that new principles of National Security, which reflect the will of Sierra Leoneans to live in peace and harmony, be enshrined in the Constitution. 41. The Commission found that prior to the conflict the Provinces had become totally excluded by the centralisation of political and economic power in Freetown. Local government was in demise across the country. The Commission emphasises its recommendations to bring government and service delivery to people throughout Sierra Leone. The Government must be seen to be establishing infrastructure and delivering health, education, justice and security services in all Provinces. 42. The Commission found that the political elite in successive regimes excluded society-at-large from meaningful participation in decision-making, in particular youths and women. The Commission highlights its recommendations to increase the level of representation for youths and women in representative politics, in cabinet and government. Organisation of Recommendations 43. The chapter is organised under the following headings and sub-headings:
44. For ease of reference the chapter ends with “Recommendations Tables” in which every recommendation made by the Commission is reflected in columns representing the different categories of recommendations. THE PROTECTION OF HUMAN RIGHTS In the new years to come
We would strive to live side-by-side in our rebirth Jumping in the glowing sun, seeing the seas from the hill tops from behind the palm trees Saying “Kunafo burma” - Never again. Extract from the poem “On my Rebirth” by Paul James Allen
45. Under this heading, the Commission seeks to promote the creation of a human rights culture in Sierra Leone. A rights culture is one in which there is knowledge and recognition of the basic rights to which all human beings are entitled. A rights culture demands that we respect each other’s human rights, without exception. Human Dignity 46. Everyone has inherent dignity and the right to have their dignity respected and protected. 47. The conflict constituted a denial of humanity to all Sierra Leoneans. Thousands upon thousands of victims were subjected to inhuman brutality. Humans were treated as non-humans. Human life was disrespected. Sierra Leone must reject this violent and cruel past. 48. The Commission identifies a need for individual and national restoration of dignity. This requires individual and collective action. Each and every Sierra Leonean bears responsibility for this. There can be no lapses in the responsibility of respecting and upholding the fundamental human rights of all in Sierra Leone. This responsibility endures forever. 49. A failure to respect the rights of others stems ultimately from a failure to respect oneself. Self-respect or self-dignity is not possible when one undermines or destroys the dignity of others. Those who maintain their dignity, notwithstanding conditions of extreme poverty and deprivation, set examples for us all. We need look no further than the ghettoes of Freetown or the villages of the Provinces for such examples. 50. Human life without dignity is substantially impaired. Respect for human dignity means not treating fellow human beings in a demeaning way. It means not subjecting any human to cruel, degrading or inhumane treatment. Respecting human dignity ultimately means respecting the life of each and every human being. 51. Every person has the right to live as a human being and to experience life as part of a community and the nation. The new Sierra Leone must recognise and cherish the individual value of all persons, regardless of their differences. It is up to all Sierra Leoneans to give meaningful content to the right to human dignity. 52. The Commission recommends, as its first imperative recommendation, that the right to human dignity be enshrined as a fundamental right in the Constitution of Sierra Leone 1991 (“the Constitution”). Human Life 53. Respect for human dignity and human rights must begin with respect for human life. Everyone has the right to life. A society that accords the highest respect for human life is unlikely to turn on itself. 54. The Commission recommends the abolition of the death penalty and the immediate repeal by Parliament of all laws authorising the use of capital punishment. 55. The Commission recommends that section 16(1) of the Constitution of Sierra Leone, 1991 (the Constitution) be amended to incorporate the principle that the right to life is inviolable. The new section 16(1) should enshrine the right that every human being shall be entitled to respect for his or her life and the integrity of his or her person. It should state that no person shall be punishable by death. 56. The recommendation is imperative and should be implemented without any delay. The Commission further recommends the introduction of a moratorium on all judicially sanctioned executions pending the Constitutional amendment. Any pending death sentences should be immediately commuted by the President. 57. This recommendation is made in the context of Sierra Leone’s recent history. The conflict period resulted in the demeaning of human life and dignity. The state must now set the example by demonstrating that it places the highest value on all human life. The abolition of the death penalty will mark an important and symbolic departure from the past to the future. 58. Respect for human life and dignity does not only mean a prohibition on the taking of the lives of others. It also means protecting all persons from violence and harm, whether this be on the streets or in the home. A duty rests on the State to provide adequate security to all Sierra Leoneans. Arbitrary Detention 59. The deprivation of liberty is a serious infringement of human rights. It is, however, legitimate when sanctioned by rules and laws which accord with principles of fairness and due process. Arbitrary arrest and detention without trial cannot be tolerated in a just and democratic society. 60. There are several persons detained under “safe custody detention” in clear violation of international law. No provision in Sierra Leonean law provides for such detention. In these circumstances the rule by law has been replaced by the rule of decree. 61. Several of the detainees have been held in detention without charge or trial since 2000. The detention of such persons constitutes a gross and unjustifiable violation of their human rights. The Commission recommends the immediate release of all persons held in “safe custody detention”. The Commission further recommends that such detention never be resorted to again. 62. It is not possible to engage in a serious discourse on human rights and the rule of law in Sierra Leone, while such violations of human rights persist. 63. These recommendations are imperative. Emergency Powers 64. The imposition of emergency powers inevitably results in the denial of human rights. Emergency provisions have been used to silence political opponents who posed challenges to different regimes. The resort to emergency powers to deal with political opposition is a sign of failure on the part of the government to govern effectively. 65. Emergency powers should be used only as a last resort to deal with a genuine state of emergency in which the life of the nation is actually threatened by war, insurrection, natural disaster or other public emergency; and emergency powers are required to restore peace and order. 66. The current Constitution of Sierra Leone devotes more space to taking away the rights of citizens than to ensuring their respect. Section 29, which provides for public emergencies, is the best example of this. 67. The United Nations Human Rights Committee has attempted to prepare guidelines for the use of states of emergencies. The Committee declares that even in a state of emergency: “All persons deprived of
their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person. Furthermore, during a state of
emergency, judicial remedies must be available so that citizens can
contest the legality of special measures, including detention.”
68. The Commission recommends that all emergency measures must be subject to judicial review by the Courts of Sierra Leone. Any superior court of record should be able to decide on the validity of a declaration of a state of emergency and any extension of a declaration of a state of emergency. No clause should be permitted to stand, which prevents the courts from reviewing any measure taken in terms of a public emergency. No law made under a public emergency should permit the indemnifying of the state or any person, in respect of any unlawful act. These recommendations require the partial repeal of sections 29(4) and (6) of the Constitution. 69. A state of emergency must be effective only prospectively. Parliament should be permitted to extend a declaration of a state of emergency for no more than three months at a time. This will require an amendment to section 29(13) of the Constitution. 70. The President is given wide powers under sections 29(5) and (6) to make regulations and take measures during a period of public emergency that may have the effect of suspending all fundamental human rights. Clauses authorising such powers should be removed from the Constitution. 71. Laws or regulations made in terms of a public emergency should be consistent with Sierra Leone’s obligations under international law that apply to states of emergency. This requirement should be enshrined in section 29 of the Constitution. 72. Laws and regulations made under a public emergency should deviate from the protection of fundamental human rights and freedoms only to the extent that the deviation is strictly required by the emergency. The Commission makes specific recommendations as to which rights should not be derogated or deviated from in the table below. Column 4 of the table below sets out those portions of the rights that the Commission recommends should not be derogated from. Such rights are sometimes referred to as “non-derogable” rights. These recommendations require the amendment of sections 29(5) and 29 (6) of the Constitution.
73. In addition to the protection afforded to persons detained under a public emergency in terms of section 17 of the Constitution, the Commission makes the following recommendations for the further protection of detainees:
74. These recommendations are imperative. Freedom of Expression 75. Freedom of expression is the lifeblood of a democracy. A culture of public debate and tolerance for dissenting ideas is the sign of a vibrant and healthy democracy. Restrictions on the freedom of expression represent a fearful State; it reflects a State that has no confidence in its ability to promote and disseminate its doctrines in the marketplace of ideas. 76. A free press ranks alongside an independent judiciary as one of the most important counter forces to the excesses of both the public and private sectors. The media should be free of political patronage. The degree to which the media is independent is the degree to which it can perform an effective public watchdog function on the conduct of public officials and powerful individuals in society. Laws establishing "freedom of expression" require support and enforcement from the courts. Without an independent judiciary, press freedom cannot be maintained. 77. The use of sedition and defamation proceedings under the criminal law does not bode well for freedom of expression in Sierra Leone. These provisions are the leftovers of a long gone colonial era. In many countries, laws on sedition and criminal libel have been either formally or effectively abandoned. The only circumstances in which criminal sanctions on free speech can be justified is where an intention to incite violence or lawless conduct has been demonstrated beyond a reasonable doubt and where there is a real risk that violence will ensue. 78. The Commission recommends that criminal sanctions in the sphere of expression should be avoided. The civil law, which permits the issue of injunctions restraining the publication of defamatory material and actions for damages arising from defamatory publication, is sufficient to protect individuals from unfounded allegations. 79. The Commission recommends that the laws creating the offences of seditious and criminal libel should be repealed. Conduct aimed at inciting violence or lawless conduct is dealt with elsewhere in the criminal laws of Sierra Leone. Until the laws are repealed, the Commission recommends a moratorium on all existing or pending prosecutions for sedition and criminal libel. These recommendations are imperative. 80. The Commission calls on the members of the media in Sierra Leone to carry out thorough investigations before publishing stories. Newspapers should be offering informed comment on matters of national and international concern. Some newspapers are in danger of becoming little more than scandal sheets, relying on provocative and, at times, dishonest headlines to promote sales. Reports that are inaccurate or even untrue seriously undermine the cause of freedom of expression. Journalists who take bribes and allow their newspapers to be used for party political ends or for the settling of personal scores abuse the freedom of the press. Such journalists are not fit to be members of the independent press. 81. The Commission calls on the Sierra Leone Association of Journalists and the Media Commission to be more proactive in monitoring standards of journalism practiced in Sierra Leone and to establish mechanisms for effective self-regulation. These organisations can do much to advance a culture of human rights in Sierra Leone. Citizenship 82. The Sierra Leone Citizenship Act of 1973 discriminates in favour of persons who are of “Negro African descent” and whose father or grandfather (as opposed to mother or grandmother) was born in Sierra Leone. Thus a person born in Sierra Leone (after 19 April 1971) who is not a person of Negro African descent and whose father or grandfather was not born in Sierra Leone is not entitled to Sierra Leonean citizenship by birth. The provisions are both racist and sexist. 83. According to Part II of the Sierra Leone Citizenship Act, only persons who are of “Negro African descent” may apply for Sierra Leonean citizenship. This law is racist. 84. The mixture of various groups with different skills can be the engine room of a vibrant democratic society. It is desirable that Sierra Leone evolves into a more pluralist society, welcoming persons of all ethnic origins. Racist legislation is a perpetuation of the philosophy that justified the slave trade and colonialism, and should be unthinkable in an African democracy that has emerged from the continent’s oppressive past. 85. Citizenship should be acquired by birth, descent or naturalisation. Race and gender must not be a consideration in the acquisition of citizenship. The Sierra Leone Citizenship Act should be amended accordingly. This is an imperative recommendation. 86. All citizens should be equally entitled to the rights, privileges and benefits of citizenship. They should be equally subject to the duties and responsibilities of citizenship. These principles should be enshrined in the Constitution of Sierra Leone. This is an imperative recommendation. 87. The Commission is of the view that the changes effected under these recommendations will mark the beginnings of a new culture of citizenship in Sierra Leone. A common or equitable citizenship is likely to promote a new patriotism and devotion to Sierra Leone. This new citizenship demands a new culture of mutual respect, understanding and tolerance by Sierra Leoneans for all Sierra Leoneans and other peoples. Corporal Punishment 88. Every person has the right not to be treated or punished in a cruel, inhuman or degrading way. In particular every child has the right to be protected from maltreatment, neglect, abuse or degradation. 89. Children suffered gross physical abuse at the hands of adults in the Sierra Leonean conflict. Children are still subject to institutional physical abuse through the use of corporal punishment at schools and in homes. The government school system that arose in the days of colonial rule adopted nineteenth-century British traditions of school discipline, including that of beating children. 90. Corporal punishment is inflicted with the intention of causing physical pain and humiliation. The use of beatings for purposes of correcting behaviour in schools legitimises violence as a means to control behaviour more generally. This message goes out to both children and adults. The message says that hurting others is acceptable behaviour. The consequence of corporal punishment is to encourage physical aggression throughout society. 91. Many children are left with physical and psychological scars as a result of corporal punishment. For some children, physical scars and disabilities remain a life-long reminder of the educational system's brutality. Children are entitled to receive education in an environment of freedom and dignity, free from fear. 92. Children are the future of Sierra Leone. There is no justification for permitting another generation of children to be subjected to brutality, whether this is in the name of education or ideology. The Commission recommends the outlawing of corporal punishment against children, whether this be in schools or the home. This is an imperative recommendation. 93. The criminal law of Sierra Leone should be amended so as to declare that it shall not be a defence to a charge of assault to say force was used against a child for the purposes of discipline. This is an imperative recommendation. Promoting a Human Rights Culture 94. Several submissions made to the Commission urged it to recommend that human rights and peace studies should be introduced into the curriculum at schools. The Commission agrees. The teaching of tolerance and understanding should start as early as possible in the education of children. 95. Sierra Leone, known in recent times for its unspeakable atrocities and untold suffering, can become known for its compassion and respect for human rights. It should become a centre of dialogue on tolerance and the preservation of peace. 96. The Commission recommends the development of a compulsory programme of human rights education into schools at the primary, secondary and higher levels of education. Human rights education should become part of the formal curriculum and be examinable. Appropriate human rights and peace programmes should be compulsory for the training of recruits into the army, police and judicial service. The Government should work towards the fulfilment of these recommendations. 97. Public education about the law is one of the most effective means of creating a culture of rights. Street Law is a programme involving law students in the participatory teaching of law to the general public at the community level. Law students are taught communication skills they will need to teach others, including the running of mock trials. Another objective is to provide public education about the law to as wide an audience as possible - including school children and prisoners. Easy to use textbooks can be published on subjects where there is the most pressing need for legal literacy. The Commission calls upon the international community to support the introduction of Street Law into Sierra Leone. Human Rights Commission 98. A Human Rights Commission (HRC) can serve as both a watchdog and a visible route through which people can access their rights. Such a commission can help create a national culture of human rights through its advocacy, research and legal functions. Above all it must monitor and assess the observance of human rights throughout the country. Individuals who claim that their human rights have been violated should be able to submit complaints for investigation. 99. A Human Rights Commission must have the power to take steps to secure appropriate redress where human rights have been violated. It should have the authority to require relevant organs of state to provide the Commission with information on the measures that they have taken towards the realisation of rights. The powers and mandate of the HRC should accord with guidelines set out in the Paris Principles. 100. While the HRC should be accountable to Parliament and not to the executive arm of government it can provide advice and support to government on human rights matters. Currently no institution has the expertise and mandate to advise the three branches of the State on how to effectively meet international obligations by incorporating human rights concepts into laws, policies and day-to-day activities. A Human Rights Commission can monitor legislation before Parliament. It can monitor how the government enforces constitutionally guaranteed political, civil, social, economic and cultural rights. 101. The Lomé Peace Accord required the establishment of an “autonomous quasi-judicial National Human Rights Commission” within 90 days after the signing of the Accord. Such a Commission is still not in place. 102. The Commissioners should be selected on the basis of institutional representation. Government, after consultation with civil society and other stakeholders, should determine the institutions that should nominate commissioners. Members of the institutions should then choose their respective institutional representatives. The chosen commissioners should appoint one of their number as the chairperson of the Commission. The institutions should ensure that the selected Commissioners are the product of a transparent nomination process based on the will of the majority of their members. 103. These recommendations are imperative. The Role of the Judiciary in Protecting and Advancing Human Rights 104. The Commission calls on the judiciary not to permit laws or practices to stand which are contrary to justice or which undermine the rights to liberty, equality and justice. Clauses that oust the jurisdiction of the courts in matters pertaining to fundamental human rights should be declared illegal. 105. When interpreting any legislation and when developing the common law or customary law the judiciary should promote the spirit and purpose of Chapter III of the Constitution, the Recognition and Protection of Fundamental Human Rights and Freedoms of the Individual. The Commission calls on the judiciary to uphold the values that underlie an open and democratic society. These values include human dignity, equality and freedom. 106. While the Supreme Court should remain the final arbiter of all constitutional matters, serious consideration should be given to extending constitutional jurisdiction to the other courts making up the Judicature, namely the High Courts of Justice and the Court of Appeal. This will contribute to the development of a more vibrant constitutional jurisprudence in Sierra Leone. This will require an amendment to section 124 of the Constitution. Customary Law and Human Rights 107. While the institution, status and role of traditional rules and custom should be respected they must be subject to the Constitution. Some elements of customary law and Islamic Law contradict basic human rights. A girl is considered to be marriageable, for example, once her breasts have developed, her menses have started, and she has been initiated. This could mean that a girl as young as 12 is put up for marriage. The consent of the bride to marriage is not required. Only the consent of the bride’s family is needed. 108. To the extent that customary law is inconsistent with Chapter III of the Constitution, courts should be empowered to declare it unconstitutional. This recommendation requires the repeal of sections 27(4)(d) and (e) of the Constitution which exempts certain areas of the law such as adoption, marriage and divorce from protection against discrimination. This is an imperative recommendation. 109. A serious problem is the inconsistency in local court decisions dealing with customary law. This has led to a great deal of uncertainty as to what customary law says. This problem is not unrelated to the fact that customary law remains un-codified in Sierra Leone. The Commission recommends that customary law be codified. Codifying customary law is a massive task as customs vary from tribe to tribe and district to district. Nonetheless, the Commission recommends that Government work towards the fulfilment of this important objective. 110. When codifying customary law, the Commission recommends that the drafters pay particular attention to those aspects of customary law that offend basic human rights. Such laws should not become part of an enforceable code of customary law. However, the reform of customary law should be undertaken creatively and democratically. The process of reform should commence with the people it will affect, such as women and peasant farmers at chiefdom level. They should be consulted on how they would like to see customary law changed. 111. The Commission recommends that the government, through the Law Commission, begins a national dialogue on the codification of customary law with special emphasis on the rights of women and children. The ultimate aim must be to bring customary and Islamic law in line with the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. International Human Rights Obligations 112. Sierra Leone is a party to the seven major international human rights treaties within the United Nations system. 113. The principal enforcement mechanism in each of the seven main conventions is an obligation upon States to submit periodic reports on their compliance. Although it is not alone, Sierra Leone would appear to be among the worst in its consistent failure to submit these periodic reports. 114. It appears that Sierra Leone produced its last report under the International Convention for the Elimination of All Forms of Racial Discrimination in 1973. The Committee for the Elimination of Racial Discrimination in its most recent annual report lamented Sierra Leone’s apparent indifference to its international obligation in this respect. Sierra Leone’s initial report to the Committee on the Elimination of Discrimination Against Women was due on 11 November 1989 and has not yet been produced. Its initial report to the Human Rights Committee was due on 22 November 1997, and has not yet been produced. Its initial report to the Committee on Economic, Social and Cultural Rights was also due on 22 November 1997, but is overdue. Sierra Leone submitted an initial report to the Committee on the Rights of the Child, in June 1996, which was discussed by the Committee in 2000. A subsequent report was due on 1 September 1997, and has not yet been produced. Its initial report to the Committee Against Torture was due on 24 May 2002, and has not been produced. In all, Sierra Leone has a total of 24 (twenty-four) reports that are due according to the treaties and that it has not submitted. 115. An alarming gap in Sierra Leone’s participation in international human rights treaties is its failure to ratify the Convention on the Prevention and Punishment of the Crime of Genocide, which was adopted by the United Nations in 1948. Sierra Leone has also failed to cooperate with United Nations human rights officials, such as the Special Rapporteur on Extra-judicial, Summary and Arbitrary Executions, which is a special procedure of the United Nations Commission on Human Rights. 116. While it is commendable that Sierra Leone has undertaken the obligations by ratifying or acceding to all seven of the principal United Nations human rights treaties, and several of the other international human rights instruments, this would seem to be little more than a mere formality, if we are to judge by its failure to submit reports. 117. The Commission recommends that the Government of Sierra Leone take these obligations more seriously. It should not be difficult to obtain technical assistance for the preparation of the overdue reports, either from the Office of the High Commissioner for Human Rights or from international human rights NGOs. The Commission also recommends that Sierra Leone promptly ratify or accede to the international human rights treaties that it has not yet accepted. 118. Finally, Sierra Leone should put in place procedures and mechanisms within the relevant government ministries to ensure that any petitions directed against it to the Human Rights Commission, the African Commission on Human and Peoples’ Rights, and similar bodies, are answered promptly and faithfully, and that requests for information from the Special Rapporteurs of the United Nations and the African Commission are treated seriously and with respect. 119. These are imperative recommendations. The Constitution 120. A constitution ought to be the foundation and basis of the society desired by the people. It should reflect their common aspirations and minimum safeguards. The 1991 Constitution that is currently in force was not the product of a wide participatory process. 121. The lack of participation by society is reflected in the 1991 Constitution. Chapter III of the Constitution is extremely elaborate and detailed, undermining clarity and the force of the text. There are numerous "claw-back clauses’, by which a right is announced in one provision, but curtailed in the next. A bill of rights should be comprehensible and framed in straightforward terms. A bill of rights should provide an enumeration of the basic principles on which society is based, accessible to the citizen, instead of losing itself in details and exceptions. Some fundamental rights to which Sierra Leone is bound by international law do not figure at all, such as the right to education, which is recognised in articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights. 122. It would be desirable to reformulate the fundamental rights provisions of the Constitution, not only by shortening them and making them simple and accessible, but also by ensuring their compatibility with Sierra Leone’s international obligations. The Constitution should declare that the country’s international obligations with regard to the protection of human rights are incorporated in the Constitution and subject to direct application by the courts. 123. The Commission is of the considered view that it is an appropriate time for Sierra Leone to formulate a new Constitution. The Commission accordingly recommends that Parliament seriously consider the creation of a new constitution for Sierra Leone. 124. A constitution that is the product of a thorough consultative and participatory programme will provide a historic bridge between the divided and violent past and a future based on peace, unity, social justice and economic development. Such a constitution must lay the foundations for a democratic and open society in which every citizen is equally protected by the law. It must free the potential of every Sierra Leonean. 125. The Constitution is the most important document in Sierra Leone. It must do more than set out the rights of individuals and the powers of the State. It should be the collection of ideas and aspirations that holds the country together. A Sierra Leone that is united around clear constitutional rights, values and principles has a promising future. These rights, values and principles will provide the signposts to guide Sierra Leone’s people through a future that is filled with many obstacles and challenges. 126. The decision to build a new Constitution and to act in accordance thereof requires the taking of a long-term view by Sierra Leone’s Parliament and its people. It requires arduous work, the fruits of which will not necessarily be enjoyed by this generation. This generation, which experienced the worst of times, will however leave a gift for future generations. There can be no better legacy to bequeath than the construction of the foundations of society that provide lasting peace and prosperity. 127. This recommendation is made for the serious consideration of the Sierra Leonean Parliament. Constitution making is a long-term programme. The recommendation is not to be construed as permitting the delay or holding back of other imperative recommendations that require amendments to the 1991 Constitution. ESTABLISHING THE RULE OF LAW All
Sierra Leoneans must be equal before the law. And the laws this time
must be like a cloth, it must be made to fit the people that it is
meant to serve.
Extract from the essay “My Vision, Hope and Aspiration for Sierra Leone”by Augustine Lavai-Tiva Bundu
128. In a true democracy there is no compromise on the supremacy of the Constitution and the rule of law. 129. The rule of law is the expectation of equality of treatment under objective and accessible rules. Discretionary governmental power should be subject to control by the courts. Courts should apply the same law to all regardless of their standing in society. In short, the rule of law says that nobody is above the law. 130. Inequitable law, separate court systems, lack of access to courts, few lawyers, and a confusion of administrative and judicial roles all conspired to prevent the application of the rule of law in Sierra Leone. Courts rarely protected human rights or policed administrative irregularity. 131. The starting point in establishing the rule of law is the creation of an independent, impartial and autonomous judiciary. Independence of the Judiciary 132. A judiciary must be independent, if it is to stand between the powerful and powerless. Judges must be independent if they are to dispense impartial justice. An independent and impartial judiciary holds a central place in the realisation of a just, honest, open and accountable government. The judiciary can play its role only when it has the power to enforce rulings and it has efficient organisation. 133. Judicial independence ultimately depends on the will of the individuals in the three branches of state to adhere to the Constitution. Those in the executive and legislature must be committed to the independence, impartiality and the supremacy of the judiciary in its role as adjudicator. Whether the judiciary is adequately resourced and whether the other branches of government obey and implement the rulings of the courts are factors against which the extent of this commitment will be assessed. 134. Judicial officers themselves, above all others, have to be committed to the building of an independent and impartial judiciary. This requires judges to possess courage and integrity. The success of the rule of law in Sierra Leone ultimately depends on the calibre of people involved in the judiciary. The Commission calls upon all judicial officers and those involved in the administration of justice to act with integrity at all times and to dispense justice without fear or favour. Judicial Autonomy 135. The judiciary should have financial and administrative autonomy. Budgetary independence means that the budget should be separately presented and managed. The judiciary itself is best placed to do the planning for an efficient justice delivery system. 136. The Commission recommends that Government should work towards the creation of an independent judiciary. This includes providing the judiciary with budgetary independence or self-accounting status. Judicial Appointments 137. The most blatant means used by an executive to influence the courts is the practice of appointing as many of its supporters or sympathisers as possible to the courts. 138. The way in which judges are appointed and subsequently promoted is essential to their independence. Judges must not be appointed for political reasons, but only for reasons of competence and political neutrality. The public must have confidence that judges are chosen on merit and for their integrity, not as a reward for party service or as a tactic by the executive to ensure a friendly face on the bench. 139. The need for the judiciary to reflect broadly the ethnic and gender composition of Sierra Leone must be considered when judicial officers are appointed. 140. Civil organisations should be brought into the appointment process. Debates on appointments, outside of political and judicial circles, should be encouraged in the media and among academics. The appointment process should consider experience and performance, vision and judicial philosophy of the nominees. 141. There is a need to broaden representation on the Judicial and Legal Service Commission (JLSC), which appoints judges. In addition to the existing representation, there ought to be representation from parliament and the law teaching profession. At least one teacher of law designated by teachers of law at Sierra Leonean universities; and at least three members of Parliament, one of whom must be a member of the official opposition, ought to be represented on the JLSC. 142. The Commission recommends further that the representation of the organised bar be increased. At least four practicing lawyers nominated from within the organised bar to represent the profession should be appointed to the JLSC. 143. The recommendation to broaden the representation of the JLSC to include the sectors suggested is imperative. Tenure of Office 144. If judges are not confident that their tenure of office and their remuneration are secure, their independence will be threatened. Judges should not be removable by executive action. It is generally desirable that judges must retire when they reach the retirement age. This reduces the scope for the executive to favour handpicked judges whom they find sympathetic and also reduces the temptation, on the part of the judge, to curry executive “approval" for re-appointment. 145. The practice of employing retired judges on contract should cease. The Commission recommends that the retirement age of judges should be extended to seventy, without the possibility of extension. Government should work towards the fulfilment of this recommendation. 146. The Commission notes the perennial problem that poor remuneration causes many of the best legal minds to decline appointments to the bench. The Commission takes further notice of the efforts undertaken to address this problem. In the light of these efforts the Commission makes no particular recommendation in this regard, but observes that there are few (or no) countries in the world where judges are able to earn as much as their colleagues in private practice. 147. Leading members of the bar are normally appointed judges after they have accumulated considerable years of experience. An appointment to the bench is an opportunity not only to serve Sierra Leone but also to help shape a future society. The Commission calls upon experienced lawyers in Sierra Leone, and indeed experienced Sierra Leonean lawyers practicing law abroad, to respond to this important challenge. Keeping Judges Accountable 148. The Judicial and Legal Service Commission is empowered by the 1991 Constitution to dismiss and discipline persons exercising judicial functions. This authority has never been used effectively. 149. It is recommended that an independent disciplinary committee be set up within the Judicial and Legal Service Commission to investigate complaints of corruption and malpractice made against judges, magistrates, bailiffs, registrars and other court personnel. This body should sit on a regular basis and report to and make recommendations to the full JLSC. 150. It is recommended that a binding and enforceable Code of Conduct be drafted and enacted for members of the bench (including Magistrates). Such a Code should lay out the guidelines and governing principles of acceptable professional behaviour. It should foster the highest standards of honour and integrity. 151. These are imperative recommendations. Prosecuting Authority 152. The prosecuting authority must exercise its functions without fear, favour or prejudice. The rule of law requires that prosecutions on behalf of the state be conducted fairly and reasonably. The decision to prosecute or not must not be motivated by improper and political considerations, but by the public interest and the need for justice. 153. The Attorney General acts as the "guardian of the public interest" and has extensive powers with regard to the initiation, prosecution and discontinuance of criminal proceedings. The Attorney General must also provide legal advice on matters of public administration and government to the executive. Clearly, the Attorney General must exercise his or her functions impartially and be free from political influences. While the Office of the Attorney General and that of the Ministry of Justice remains merged the incumbent can never be expected to act independently. 154. The Commission recommends the separation of the offices of the Attorney General and the Minister of Justice. The Attorney General should be the Chief Law Officer of the state and should enjoy security of tenure of office. The implementation of this recommendation will require an amendment to the Constitution. Government should work towards the fulfilment of this recommendation. Local Courts 155. The various peoples of Sierra Leone have always had systems and principles for dispute resolution. But the basic institutional framework of the current customary legal system is a product of colonialism; established by the Protectorate Ordinance of 1896. What were then called “Courts of Native Chiefs” or “Native Courts” are now called “Local Courts.” 156. Under the colonial strategy of indirect rule, chiefs were used as instruments of the colonial administration. Chiefs were made immune to the checks and balances of traditional institutions and accountable instead only to the colonial state. Within the jurisdiction set for it by the protectorate, customary law was both made and enforced by the chiefs. They used it to carry out colonial demands such as tax collection and, often, to carry out their own exploitation by way of fines, coerced labour, and arbitrary decisions. Sierra Leone’s present-day customary legal system should be viewed in the light of the rural de-democratisation that was wrought by indirect rule. 157. The Ministry of Local Government presently supervises local courts. The executive arm of government should not set matters such as codes of conduct for court officials. The Commission recommends that the Judicial and Legal Services Commission incorporate the local courts into the judiciary, which is headed by the Chief Justice and supervised. 158. The Local Courts Act provides for the work of local courts to be supervised by judicial advisers, or customary law officers. Such officers are empowered to advise local courts in matters of law, train local court personnel and even exercise the right of judicial review over decisions of local courts. Very few such officials have been posted in the districts since the 1980s. In effect the districts were left to their own devices. 159. Customary Law Officers are presently part of the Law Officers Department and appointed by the Attorney General. They should be under the judiciary as specified in section 141(2) of the Constitution. This section states that the Judicial and Legal Services Commission should appoint Customary Law Officers. 160. The Commission recommends that suitably qualified judicial/ customary law officers be appointed for each of the twelve districts. These officers should organise training programmes for local court officers. 161. In line with the Commission’s recommendation that the local courts be integrated into the judiciary, the power of judicial review should be removed from customary law officers once the integration has taken place. Currently, the District Officers also have the power of review over decisions of the Local Courts. In keeping with the principle of separation of powers the, Commission recommends that the power of judicial review be removed from District Officers. 162. Local Court chairmen are paid 30,000 Leones per month (about 11 US Dollars.). This creates a strong structural incentive for corruption. Allegations abound that many local court chairmen use excessive and baseless fines to supplement their incomes. The Commission recommends that Government work towards the incremental improvement of the remuneration of Local Court officials. 163. The Commission recommends that the Government work towards the fulfilment of these recommendations. Access to the Courts 164. If the majority of Sierra Leoneans have no real access to the courts, then the rights enshrined by the Constitution are meaningless. Legal representation is one of the most important means of enforcing rights. 165. Section 23 of the Constitution guarantees the right of access, by all, to the courts. Only those accused persons charged with capital offences such as murder, treason and robbery with aggravation are entitled to legal representation under the current legal aid regime. The 1991 Constitution mandates Parliament to make provisions for the rendering of financial assistance to indigent citizens of Sierra Leone whose rights have been infringed. Parliament has not made any such provisions. 166. The Commission notes that an effective legal aid system will be enormously expensive to establish and maintain. The Commission is reluctant to make recommendations requiring massive expenditure when there are economical (albeit less ambitious) options, to explore. 167. Government should consider making a condition in the granting of scholarships to law students that they be required to work in an institution offering free legal services to indigent clients for at least one year after their call to the Bar. 168. The establishment of legal aid clinics at universities and colleges and under the auspices of the law departments can fill in some of the gaps in the government-funded system of legal aid. In each clinic, a qualified lawyer should supervise between 10 and 20 law students. The Commission calls upon universities and colleges to consider the establishment of legal aid clinics. The Commission calls upon Fourah Bay College to make service in the law school’s legal aid clinic part of the curriculum for all law students. 169. The Commission recommends that the Government work towards the establishment of public defender offices in the main centres of the country. Senior law students can also be used as public defenders in criminal matters. This would provide indigent accused with some defence and provide the students with practical training experience. The law governing rights of appearance in courts should be amended in order to permit senior law students to participate in public defender programmes. Legal Activism and the Sierra Leone Bar Association 170. Lack of courage on the part of lawyers and judges over the years paved the way for the desecration of the constitution, the perpetuation of injustice and the pillaging of the country’s wealth. 171. The organised bar is in a good position to be a powerful watchdog and should add its voice in protest, when human rights are abused and the rule of law is threatened. The Commission calls upon lawyers to stand up to injustice. 172. The Commission calls on the Sierra Leone Bar Association to require its members to offer their services regularly on a pro bono basis. A particular onus rests on the Bar Association to provide legal representation for indigent accused in trials involving serious offences, where significant periods of imprisonment are at stake. 173. To the extent that members are already, on an individual basis, offering such services, the Commission commends them. But it is clear that the provision of pro bono services is inadequate. Lawyers are able to pursue a lucrative profession, but they have duties that accompany this, including that of furnishing services to the indigent. 174. The Commission calls upon the Sierra Leone Bar Association to become the guardians of the protection of the Rule of Law and the human rights of Sierra Leoneans. The Bar Association should require that its members receive mandatory continuing education in human rights law and related subjects. 175. A binding and enforceable code of ethical conduct should be promptly drafted and adopted for members of the Bar (legal professionals). The Bar Association should enforce such a code. Strict sanctions, including loss of the right to practice, should be enforced against all members of the profession in cases of infringement. Legal Resources Centre 176. The Commission calls on private lawyers to establish a legal resources centre that can litigate test cases before the courts. Test cases are cases that focus on problems experienced by large numbers of people and can impact on whole communities or the entire country. They often result in a change of the law. 177. A sustainable public interest legal organisation with full time lawyers is able to plan its work strategically. It can set up intermediaries between lawyers and clients in the form of field-workers and paralegals. The Commission calls upon the international community to support the establishment and running of such a centre. Simplification of Rules and Procedures 178. Access to justice can also be achieved through a simplification of legal rules so that they may be understood and used by anyone. Alternative conflict resolution methods should be promoted. Traditional and customary methods of mediation and conflict resolution have proven to be useful at resolving issues in many communities. 179. The adversarial procedure may not be absolutely necessary in all matters such as small claims and family disputes. Alternative forms of dispute resolution and settlement, such as mediation and arbitration, should be required, or provided as an option, before resort is made to the courts. 180. The Commission recommends that the Government consider the feasibility of introducing alternative forms of dispute settlement. Approaching the Courts 181. Courts ought to relax the traditional procedures for instituting proceedings for relief. Unsophisticated and indigent petitioners ought to be able to approach the courts by a variety of means, such as the addressing of letters to judges. 182. The Commission calls on the judiciary to take a pro-active approach to the protection of human rights. Justice Delayed 183. Delays in the delivery of both criminal and civil justice threaten to cripple the administration of justice in Sierra Leone. The use of judicial time must be maximised. Those factors that create the idle use of time should be eliminated. The creation of an efficient case flow management system, the proper scheduling of cases and an increase in judicial sitting hours will enable the judiciary to work at greater capacity. In order to encourage longer sitting hours, courts must be adequately resourced and made comfortable. Judges are often late for hearings and at times do not even appear because the courts do not have enough vehicles to transport them. 184. Flexibility of use of judicial personnel should also be considered. A single structure of trial courts, created through the merging of courts, would make for flexibility in the use of judicial personnel. 185. In the adversarial system, judges have played a passive role in the control of proceedings, unless moved at the instance of one of the parties. There is a growing awareness that, if cases are to move faster, courts must become more involved in the speeding up of the process. They should monitor case development, require parties to report progress and set down time scales. 186. The Commission urges Government and the judiciary to consider these recommendations for purposes of addressing the backlog in the delivery of justice. Court Infrastructure and Equipment 187. Adequate court facilities are essential to the proper administration of justice. Overcrowded courthouses lead to under-performance and congestion. 188. Use of court buildings ought to be maximised and running costs minimised. Courts can be used as continuing education lecture halls after court hours. In smaller communities, they can also be used as community halls. 189. The Commission takes note of the progress made in the refurbishment of the main courthouse in Freetown and the construction of courts in some districts. The Commission recommends that the Government work towards the establishment of more courthouses in Freetown and the Provinces. 190. The use of computers by courts for case management and the storage and retrieval of information has proven to be cost effective in many countries. The provision of computers with access to the Internet to Judges will also facilitate legal research. Several Supreme and Constitutional Courts around the world publish the full texts of their judgments online, which can be downloaded free of charge. 191. Provision of books and library facilities are important components in the administration of justice, but often neglected. The quality of justice dispensed must suffer, if books are not readily available. The Commission calls on international legal organisations and members of the international community to donate legal texts and law reports emanating from their respective countries to Court libraries and law libraries in Sierra Leone. Law Reform Commission 192. Many of Sierra Leone’s laws were adopted from England. Some laws on the statute books date back as far as the 17th century. While the British have long amended or repealed these laws, they remain in force in Sierra Leone. 193. Several areas of the law are out of step with modern developments. Such legislation ought to be amended, repealed and where appropriate completely rewritten. Examples of the law, which cry out for reform, are the criminal procedure laws, including provisions governing bail, laws dealing with the protection of women and children and land tenure. 194. Without law reform, the Rule of Law is greatly hampered because new challenges cannot be addressed satisfactorily. In an increasingly globalised world, lack of law reform can negatively impact on the investment climate. Penalties for breach of the law may become so meaningless as to encourage impunity. 195. A Law Reform Commission ought to research all branches of the law in order to make recommendations for the development, improvement and modernisation of the law. A Law Reform Commission that is effective ensures the renewal of the law on a continuous basis. Many of the recommendations being made by the Commission require law reform, and, so, it is essential, if these are to be implemented effectively, that a genuinely functional law reform commission should exist. 196. Successive governments have neglected the Law Reform Commission. The Law Reform Commission needs full time staff, including researchers. It requires adequate premises and a library. The Commission recommends that the government should work towards equipping the Law Reform Commission so that it may discharge its responsibilities effectively. THE SECURITY SERVICES There’s no place like home, like Sierra Leone,
Where a man in a uniform, thin to the bone, Stops a man in the street and in god-fearing groan Begs for cash or for bread or for transport back home Extract from the poem “My Vision, My Home, My Sierra Leone” by Ustina More
197. The Commission has found that the security forces, the army and police, failed the people of Sierra Leone during their time of greatest crisis. Significant elements within these forces desecrated the Constitution and acted against the wishes of the people. Successive political regimes abused their authority over the security forces and unleashed them against their political opponents in the name of national security. 198. Sierra Leoneans have a right to security forces that are professional, disciplined and representative of all the people. Principles of National Security 199. The Commission is of the view that new principles governing national security ought to be adopted in Sierra Leone. Those in power must never again use national security as an excuse to deploy security forces for political ends. These principles are as follows:
The Sierra Leone Army 201. The Army, which prior to the civil war and during the conflict sunk to the depths of disobedience and degeneracy, is now expected to rise to unprecedented levels of professionalism. Much has to be done to restore the faith and confidence of the people of Sierra Leone in the Army. 202. This responsibility of restoring faith in the Army rests not only with the leadership of the military, but also with each and every soldier. This responsibility must be reflected in the day-to-day conduct of all SLA soldiers. Serving in the Army should be regarded as a privilege. Those soldiers who are unable to conduct themselves professionally and to respect the Constitution at all times are not fit to serve their country. Operational Support Division 203. The Inspector General of the Sierra Leone Police in his submission to the Commission pointed out that the paramilitary force formed in the police under the Siaka Stevens regime became an “instrument of tyranny and suppression”. A paramilitary force of sorts exists in the police today in the form of the Operational Support Division (OSD). The proposed National Security Principles enjoin the Government to ensure that no paramilitary force exists outside of the Sierra Leone Army. The existence of such a force within the police is contrary to the proposed National Security Principles. Conditions of Service 204. Inspector General Kamara of the Sierra Leone Police informed the Commission that the net monthly salary of a police constable is equivalent to one sack of rice, one sack of onions and a few loaves of bread. The rent allowance for police officers amounts to 1,000 Leones per month. Kamara pointed out that a bottle of Coca Cola costs more than that. As a result, police officers “sleep rough”, often camping on the floors of houses of friends and family. 205. The Commission recognises that providing professional policing in these circumstances is extremely difficult. The temptation for policemen and women to engage in actions of “pay yourself” must be overwhelming. However, simply stating that the Government must improve the income of the police may prove to be an empty gesture, at least in the foreseeable future. Indeed the Government hardly needs to be told of the deplorable conditions in the security services. 206. Policemen and women who nonetheless perform their duties with integrity and courage represent the calibre of people needed to build this country. For such policemen and women, working in the police is not just a job. It represents a real commitment to protect and to serve the people of Sierra Leone. The Commission salutes these members. These men and women will make the police a force for good. PROMOTING GOOD GOVERNANCE I
want to see a Sierra Leone that is free of the broken bottles that cut
us into pieces. Broken bottles like tribalism, nepotism, favouritism,
and sectionalism …
Extract from the essay “My National Vision for Sierra Leone” by Chinsia E. Caesar
207. Years of lapses in governance and unrestrained corruption produced the deplorable conditions that set the scene for bitter civil war in Sierra Leone. There is no option but to address bad governance and corruption head on. It would not be an overstatement to say that the survival of the nation depends on the success of society in confronting these issues. 208. Governance is commonly described as the practices and institutions through which authority is exercised for the common good. This includes the process by which those in authority are elected, appointed and monitored; and the capacity of the government to effectively manage its resources for the good of all. 209. Government effectiveness is a measure of the quality of the delivery of public services, the competence of civil servants and the independence of the civil service from political pressures. Poor governance is the mismanagement of public assets and resources. It results in the denial of the delivery of effective public services to the people. Bad governance is the breeding ground for corruption. 210. Successful governance and indeed the effective combating of corruption are largely dependent on strong and committed public leadership; the availability of information; and collective action on the part of civil society. Committed Leadership 211. It is the example set by the national leadership that sets the tone for the entire public administration and indeed for people at large. The self-seeking machinations of successive ruling elites set the worst of examples. They permitted Sierra Leone’s slide into chaos and conflict. In the view of the Commission, this cycle has not been broken. 212. Trust in government leads to respect for the political system. Respect for the political system ensures stability. Stability is a precondition for development in all sectors of society. Trust in government has to be earned by government and, in particular, by the leaders of government. 213. Sierra Leone needs leaders of the highest calibre at all levels. Leaders who are selfless, not self-serving. Such leaders will be remembered and acknowledged by succeeding generations. 214. Committed leadership means many things. It means acting with integrity, understanding and compassion. It involves hard work and self-sacrifice. Committed leaders are those who have no desire to live their lives at the expense of others. These qualities enable such leaders to develop the foresight and wisdom needed to build communities and to build the country. 215. Committed leadership should not just take place at the national level. Such leadership should take place in homes, the streets, workplaces, barrays, schools, colleges, associations and sport fields. Committed leaders change lives for the better, regardless of where they find themselves. 216. The Commission calls upon the national leadership of Sierra Leone and all those in positions of authority and influence to set the highest of standards in their public and private conduct. The Commission calls upon these individuals to place the interests of Sierra Leone and its people above their own. |
