| From Freetown, Sierra Leone. Volume 3B CHAPTER FOUR
Children and the Armed Conflict in Sierra Leone Introduction 1. Sierra Leone is one of the smallest countries on the African continent, but also one of the most richly endowed. Seasonal rainfalls make the terrain of its hinterland lush and green; its inland perimeter is characterised by rolling mountains and dense forests; and its coastline is dotted with idyllic beaches. Several parts of Sierra Leone boast rich seams of mineral resources, including gold, bauxite, titanium ore and, famously, diamonds in the east and southeast. 2. The abundant potential of Sierra Leone’s natural landscape is mirrored in its population of just 4.5 million people. The inhabitants of the Provinces represent a culturally and demographically diverse heritage, with seventeen indigenous ethnic groups spread across 149 chiefdoms. The capital city, Freetown, originally a settlement for emancipated slaves, hosts the oldest university in the region and gained a reputation as the “Athens of West Africa”. Most important of all, despite the trials and tribulations of history, Sierra Leoneans are resilient and resourceful, such that each new generation of children of Sierra Leone brings with it fresh hope, fresh direction and fresh human resources for the country. 3. British colonial rule in the nineteenth and twentieth centuries divided Sierra Leone into two entities: the Colony, which was the name assigned to Freetown and its environs; and the Protectorate, which encompassed all the Provinces in the interior. There was a degree of unease in relations between the inhabitants of these two entities, partly premised on the stark inequalities in access to education, social services and economic resources that British rule had created in favour of the Freetown-based Krios. As independence was attained on 27 April 1961, however, political disagreements soon became the main reason for rivalries. Within little more than a decade of self-rule, Sierra Leone had seen fiercely controversial elections, poisonous “personality politics” and various successful and unsuccessful military coups. 4. The country’s longest-serving Head of State, Siaka Stevens of the All Peoples’ Congress (APC) party, epitomised bad governance during his 17 years at the helm, from 1968 to 1985. Stevens entrenched his own executive power in a one-party state and suppressed opposition from any quarter. The entire political elite played a part in the desperate decline of Sierra Leone, seeking personal patronage and profit rather than advancement in the common national interest. It was during the 30 years immediately after independence that Sierra Leone sunk to being one of the least developed countries in the world. 5. After a handful of violent flashpoints in the 1970s and 1980s, arising out of elections, anti-government demonstrations and local uprisings, conflict finally broke out in Sierra Leone in March 1991. The eleven years of brutal war that followed saw this beautiful country and its people torn apart. 6. At the onset of the conflict in 1991, Sierra Leone was quite literally a nation of children. The graph at Figure 1, below, illustrates that approximately half of the estimated 4.5 million population was composed of children, i.e. males and females under 19 years of age. The graph shows a considerable “tapering off” in the size of the adult population between the ages of 29 and 79, which reflects the high adult mortality rate and results in astonishingly low average life expectancy. When war began in Sierra Leone, children formed the largest category of people in the population, while adults constituted a minority.
7. The conflict in Sierra Leone impacted heavily on children, as their rights were systematically violated by all of the armed factions. Children suffered abduction, forced recruitment, sexual slavery and rape, amputation, mutilation, displacement and torture. They were also forced to become perpetrators and carry out aberrations violating the rights of other civilians. In assessing the experiences of children in the conflict in Sierra Leone, the United Nations Children’s Fund, UNICEF, submitted as follows: “Particularly
vulnerable to abuse were children, as they were violated in deep and
lasting ways, some too awful to be adequately described… In some ways,
it is as if a new level of cruelty has been attained in this war,
setting the bar lower than ever imagined…”
8. Children themselves made the following statement to the Commission: “…
Concerns amongst us children in Sierra Leone are that the war was
targeted at us. A brutal conflict which we did nothing to bring about
but suffered and lost everything in it.”
9. There are no accurate statistics to determine the number of children associated with the fighting forces, either as child soldiers or utilised in other capacities. According to a local NGO, Caritas Makeni, more than 5,000 children under the age of 18, of both sexes and with some as young as five years old, were combatants in the conflict. The United Nations Assistance Mission in Sierra Leone (UNAMSIL) puts the number at 10,000 who were associated with the fighting forces in one form or the other. The United Nations Children’s Fund (UNICEF) estimated that more than 6,000 children were conscripted into the fighting forces over the years. The discrepancies in these numbers are probably explained by the different criteria used by these organisations in arriving at their figures. The National Committee for Demobilisation, Disarmament and Reintegration (NCDDR) confirmed in its submission to the Commission that more than 6,774 children entered the DDR programme. 10. While the total number of children associated with the fighting forces will in all probability never be completely accurate, the submissions of the various agencies to the Commission attest to the widespread use of children in this conflict, in total contravention of the rules applicable to conventional warfare. 11. The parties to the peace talks at Lomé in 1999 recognised that the children of Sierra Leone were vulnerable as a result of the armed conflict. Accordingly the Lomé Peace Agreement declared that children are entitled to special care and that their rights to life, survival and development are in need of protection in accordance with the provisions of the Convention on the Rights of the Child. 12. The Lomé Peace Agreement laid the foundations for the Act establishing the Truth and Reconciliation Commission (“TRC” or “the Commission”). Article 30 of the Lomé Peace Agreement explicitly provides that the Government of Sierra Leone shall accord particular attention to the issue of child soldiers and that the special needs of children should be addressed in the disarmament, demobilisation and reintegration process. The TRC Act 2000 provided that the Commission would be required to give special attention to the experiences of children within the armed conflict. The Sierra Leone TRC is the first truth commission that has been required explicitly to do so. 13. This chapter will examine the traditional place of children in Sierra Leone and explore their status before and since the war in all the major spheres that affect them, such as education and health, as well as economic, legal and socio-cultural issues. A brief overview of the national and international human rights instruments impacting on and protecting children’s rights is included. More importantly, the chapter will also attempt to convey the impact of the armed conflict on children, as well as their diverse experiences within the various armed groups, in the terms that children testified about them to the TRC. The status of children since the conflict will also be described, together with interventionary measures taken by both state and non-state actors in attempting to respond to their needs. The chapter will also highlight the Commission’s main findings and recommendations on children. Interpreting the Commission’s mandate 14. In interpreting its mandate the Commission wanted to ensure that the voices of children would be heard and taken into account at every stage of its proceedings, in the various versions of the final report and in the recommendations it made in respect of the future well being of children. The Commission also wanted to ensure that the identity of children who testified would remain confidential. The Commission thus faced a delicate balancing act, which required the development of a number of policies guiding its work. 15. The Commission was fortunate enough to have recourse to a report prepared by UNICEF, reflecting the outcomes of a consultative process that UNICEF had organised in 2001 to consider the participation of children in the work of the Commission. The report confirmed the support within the children’s sector for children’s experiences to be fully accounted for in the work of the Commission. It also highlighted challenges and areas of concern and proposed a variety of measures designed to protect children. The Commission took these proposals into account when designing its operational policies. 16. The Commission resolved that it would reach out proactively to children so as to ensure their full participation in all aspects of the Commission’s work. This approach would include sensitising children as to the role of the TRC, taking statements from them, having them participate in hearings and involving them in special hearings on children. The Commission’s main objective in respect of children was to ensure that their voices should be heard, particularly in the final report and recommendations. The Commission also enacted policies to protect the security and well-being of children. 17. The Commission decided as a matter of policy that all children would be treated equally as witnesses whose experiences needed to be captured by the Commission, irrespective of whether they had perpetrated violations. Methodology 18. The Commission then had to devise a methodology to implement the policies it had agreed upon. It trained its statement-taking staff on how to take testimonies from children, with particular guidance on how to deal sensitively with those who had been sexually violated and those who had been combatants in the conflict. 19. The Commission also decided that it would hold special public hearings that would focus on the experiences of children, as well as in camera hearings for children under the age of 18 and victims of sexual violence. 20. The Commission then began a series of discussions with UNICEF and the Child Protection Agencies (CPAs), which culminated in an agreement that was signed in 2002. Under the terms of the agreement, UNICEF and the CPAs provided technical assistance to the Commission during statement taking as well as assisting with children during the hearings phase. A fundamental principle underpinning the agreement was that the physical and psychological security of the children should be paramount at all times. In this regard, counsellors from the CPAs assisted the Commission in all its activities. 21. The Commission decided quite early on that it would keep disaggregated data on children as well as on victims of sexual violence and that it would in its final report have a special section dealing with the experiences of children. The Commission also decided to publish a special “child friendly” report. Both reports would contain recommendations on how to improve the quality of life of children in the country. 22. In implementing these decisions, the Commission was assisted by the Special Assistant to the SRSG for Sierra Leone, as well as UNICEF and the Child Protection Agencies in Sierra Leone. 23. In terms of the agreement between the Commission and the CPAs, the practice of the Commission was to hand over a list of child witnesses to the CPAs before a hearing was held. The CPAs conducted vulnerability and safety assessments and consulted with the children and their families. If approval was obtained from the families and the child was willing to testify, the children were prepared for the hearing. Social workers would also be present at hearings ready to offer emotional support if necessary. Once a hearing had taken place, the social workers would conduct further visits to the children in order to ensure that they had not suffered any adverse effects due to their participation in the Commission’s processes. THE STATUS OF CHILDREN BEFORE THE CONFLICT CHILDREN AND EDUCATION 24. The Commission received numerous submissions on the nature of the education system that prevailed in Sierra Leone before the conflict. The current Minister of Education commented in his submission that: “At
independence, Sierra Leone inherited a western type of education system
aimed largely at the urban middle class. The system was biased… In
essence the system was aimed at nurturing civil servants and government
administrators in the colonial and independent government. Yet the
majority of Sierra Leoneans, unable to afford formal education, were
excluded from the education system… Given the exclusive nature of the
country’s education system, it is not surprising that literacy levels
remained as low as 8% at independence, or that in the 1970s fewer than
15% of children aged between 5 and 11 years attended school, or that
only 5% of children between 12 and 16 years were in secondary school.”
25. Historically, the colonial government had mainly concerned itself with educating the sons of Chiefs in the provinces and the sons of the elite and the Krios in the western areas, as these groups were intended to provide future civil servants for the colonial government. The majority of the population was largely left to remain illiterate. The unforeseen consequence of this kind of policy meant that the majority were not able to access education. 26. The decline in the economy during the 1970s and the imposition of the structural adjustment policy in the 1980s impacted on spending and led to a further deterioration in education levels. The corresponding rise in school fees had a negative effect on the accessibility of education. Primary school enrolment declined from an average annual increase of 6% between 1970 and 1985 to only 2% between 1985 and 1990. By 1990, of the total number of girls who qualified as the potential school going population, only 12% were enrolled at secondary schools. In the case of boys, only 22% of all boys of school going age were enrolled. In the case of tertiary education, according to figures for 1996, only 13% of both girls and boys made it through. 27. A number of other factors including corruption and unsound governance, as well as political and cultural factors, also contributed to the decline in education. Education policy in Sierra Leone determined where schools were cited and built. Self-interested government officials and corrupt politicians routinely ignored the prevailing policy, however, resulting in schools being built with scant regard to issues of need or efficacy. Instead, schools were placed according to cynical political ploys to advance the individual interests of politicians who sought to gain votes from their constituencies. Building of Schools
28. In order to encourage the building of schools, the Government provided development grants to private individuals or organisations that built schools. While in essence this was a good practice, it became rife with abuse. Many unscrupulous persons abused the practice and misappropriated the funds that had been allocated to them. The funds were regularly not used for the purposes for which they were intended. Many of those who had been allocated grants built schools in unsuitable locations, without the approval of the Ministry of Education, Science and Technology (MEST), only to foist these schools on government at a later stage without having regard to areas of need or the financial implications. Such recklessness caused increasing frustration on the part of the children and youths of school-going age. An official in the employ of the Ministry of Education, Science and Technology (MEST) made the following remark to the Commission: “Some schools were built which were ultimately inhabited by cockroaches and rats.”
The teaching profession
29. The teaching profession itself was in disarray. Teachers’ strikes intensified due to several factors: first, the general economic malaise in the country; and second, as administrative blunders led to the elimination of their names from the teachers’ payroll, thus leading to lengthy periods of delay or non-payment of salaries. All of these factors contributed to the growing rot in the system. 30. The standard of teaching varied between the urban capital and the provinces. The standard of education in Freetown was fairly high, while that in the provinces lagged behind. In part, the disparity was due to the fact that government was unable to attract and retain qualified teachers to schools in the rural districts. 31. The enrolment of girls in schools was affected by both economic and cultural pressures, which favoured the education of male children to the exclusion of girls. Many families, compelled by economics to choose which of their children they would educate, chose to educate boys, believing that education was wasted on girls as they would eventually get married into another family. In addition, educating boys improved the earning abilities of future breadwinners. This was certainly characteristic of the Northern and Eastern parts of the country where the education of boys over girls was preferred. Sadly this state of affairs in these two regions prevails even today. 32. When the conflict broke out, illiteracy in Sierra Leone was at an all-time nadir of 88.75% for girls and 69.3% for males. Less than 45% of all children of school-going age entered primary schools, of which only 9% entered secondary schools and 1% made it through to tertiary institutions. 33. The state of education in Sierra Leone before the conflict was unmistakably in decline. In the words of the Minister: “The
period of the late 1970s, but more the 1980s, was characterised by a
nosedive of the Sierra Leone economy, largely as a consequence of bad
governance, corruption and the Breton Woods structural adjustment
programmes… Living standards of the poor masses and poverty generally
were ignored. Education, like other sectors, was not spared the general
malaise, as the education budget shrank from an average 21% to 12% to
8% in the 1960s, 1970s and 1980s respectively.”
34. A major factor that the RUF has cited as a reason for starting the conflict was the inability of the government to provide free education to all children in Sierra Leone. This accusation resonated in the hearts and minds of much of the population and partially accounts for the initial acceptance of the RUF by some communities. The irony, of course, is that it is the very conflict started by the RUF that led to the complete destruction of the education system, as the RUF destroyed schools and educational facilities all over the country. THE SOCIO-CULTURAL STATUS OF CHILDREN 35. Socially and culturally Sierra Leone is typical of most African countries where children sit, at best, on the fringes of decision-making. Usually in African societies, hierarchy and authority determine how decisions are reached. In the case of children, adults make decisions for them. In the African context, which in this instance is certainly true of Sierra Leone, an explanation often offered is that it is borne of a desire to protect children and to guide them into adulthood rather than to injure them or take away their rights. 36. This practice has led to many children having their lives shaped for them by adults, who are well meaning and who honestly believe that they are acting in the best interests of the child. While this may be true in the majority of cases, it is also clear that decisions made on the basis of patriarchy and authoritarianism have affected many children’s lives negatively. 37. One cultural practice in Sierra Leone perceived to be particularly abhorrent is the inclination not to educate girl children, a practice that is prevalent in the north and east of the country. Coupled with the practice of early marriages for girls and the practice of female genital mutilation, this denial of educational opportunities to girls has negatively impacted on their future prospects. 38. In Sierra Leone children are not allowed to speak for themselves before the elders and chiefs. In the course of its work, the TRC received testimony from many youths who had been sanctioned for contravening this rule. The offenders were not allowed to speak in their own defence and became embittered at the exceedingly onerous punishments often imposed on them by the Chiefs and elders for defying this custom. Punishment often included the levying of exorbitant fines and resulted in many offenders working as slave labour in order to defray the costs. Many discontented youth fled their villages in order to avoid such punishments and when the conflict broke out became easy converts to the cause of the RUF. Their embitterment also manifested itself in acts of revenge against elders and Chiefs during the conflict. CHILDREN AND HEALTH 39. The state of health in Sierra Leone has been on a steady decline throughout the post-colonial period. In 1960, the infant mortality rate stood at 220 per 1,000 live births, while by 2000 the under-five mortality rate was 390 per 1,000 children. The decline in economic growth in the 1980s affected the health sector negatively. The surge in 1983 of both the infant and under five mortality rates, as well as other negative indicators for the country, led the United Nations to classify Sierra Leone as the least developed country in the Human Development Index of that year. Sierra Leone has had the dubious distinction of holding this title consecutively from 1983 to 2004. According to the World Bank: “While the recent conflict
exacerbated the situation by destroying health facilities and
displacing (or worse) staff, the public health sector has not performed
well for more than a decade; with inadequate financing. The Ministry of
Health and Sanitation (MOHS) could not supervise and support
technically the public health facilities country-wide.”
40. It is clear however that while the conflict in Sierra Leone impacted on the health sector, this was not the only reason for the decline in the public health system. Endemic mismanagement, corruption and inadequate strategies also contributed to the failure of the public health system in the country long before the conflict began. 41. A declining health system almost always affects children and women with devastating effect. This was certainly true of Sierra Leone before the conflict. THE ECONOMIC STATUS OF CHILDREN 42. Sierra Leone had endured two decades of economic and social decline before the conflict. The net effect of corruption and mismanagement resulted in depleted national institutions with hardly any programmes to address the poverty the population was experiencing. Not surprisingly, women and children were the most vulnerable. In most traditional societies, children are expected to carry out certain domestic tasks such as cooking, shopping, cleaning, laundry duties, fetching water and caring for younger children. Helping out in the fields is also commonplace. The use of children in this way should not be perceived as exploitative, but should rather be seen as doing one’s bit to assist family and community, thus contributing to the total functioning of the family. In African societies, enhancing the family’s social and economic status has a positive impact on the whole family. The roles and responsibilities of children in African societies help to entrench a sense of family and community rather than individualism. This outcome was certainly true for Sierra Leone as well. 43. Notwithstanding the above, the decline in the economy in the 1980’s and the resulting poverty that most families found themselves in compelled many children to work out of necessity. The employment of children has had an adverse effect on them both educationally and socially. 44. The position of children in Sierra Leone at all levels - education, health and socio-cultural - was already in decline before the outbreak of the conflict. This backward trend gave rise to huge dissatisfaction amongst the youth, many of whom became disenchanted with successive governments and their poor delivery. Sierra Leone had become a place where many had lost hope long before the outbreak of a conflict. Marginalisation and exclusion from society led many youth to take up arms. In many TRC hearings, youth who took up arms testified to the Commission that their dissatisfaction with their social and economic conditions led them to join the RUF. NATIONAL AND INTERNATIONAL LAW PERTAINING TO CHILDREN IN SIERRA LEONE 45. The eleven-year conflict in Sierra Leone involved the systematic violation of the rights of children in Sierra Leone. The violations that children suffered included abductions, forced conscription, rape, sexual violence and abuse, forced slavery, torture, slave labour, amputations, mutilations, killings, forced displacement and cruel and inhuman treatment. Having examined the violations committed against children, it is clear to the Commission that most of the armed factions pursued a deliberate policy to target children and violate them. The Commission in this section highlights national and international law that has specific application to children. 46. Children in Sierra Leone did not fully enjoy their basic human rights even before the war broke out. The breakdown of democratic institutions, the collapse of the rule of law and the mismanagement of the country’s resources impacted on the rights of the children of Sierra Leone. Laws relating to children were outdated, uninformed and grossly inadequate to guarantee the protection and promotion of their rights. Crimes against children including rape and sexual violence generally went unpunished, further contributing to the culture of silence and impunity that prevailed. 47. Given that the war has ended and with the systematic manner in which the rights of children were violated, there is an urgent need to review national law with a view to ensuring that the Government of Sierra Leone fulfils its obligations in terms of international law. National law must be brought into line with international law and custom and, in particular, the Convention on the Rights of the Child. There is a great need to ensure the effective implementation of appropriate laws and customs, procedures and policies in respect of children, which are necessary for the restoration of the dignity of children in post-war Sierra Leone. CHILDREN AND INTERNATIONAL LAW IN SIERRA LEONE A brief overview of the international instruments on children and the level of their incorporation in Sierra Leone national law
48. The use of regional and international human rights mechanisms in responding to the egregious crimes that occurred in Sierra Leone during the last decade is significant to the development of international human rights law. Sierra Leone became a member of the United Nations in 1961 and is a signatory to most of the major human rights instruments including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic Cultural and Social Rights (ICECSR), the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention of the Rights of the Child (CRC), the African Charter on Human and People’s Rights and the African Charter on the Rights and Welfare of the Child. 49. The Government of Sierra Leone has ratified the Convention on the Rights of the Child and the optional protocol. The ICECSR, the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) are also instruments that recognise: the right to life; to privacy; to be free from sex discrimination; to the highest attainable standard of physical health; to health care services; to decide on the number and spacing of their children and to have access to the information and means to do so; to the elimination of discrimination against women in all matters relating to marriage and family relations; and to be free from sexual violence, abuse, exploitation, prostitution and trafficking. These instruments require Government to commit itself to develop preventive health care, guidance for parents and family planning education and services; prenatal and postnatal and to ensure access to information, counselling and services concerning family planning; to appropriate services to ensure safe pregnancy; Government undertakes to eliminate traditional practices prejudicial to the health of children. The African Charter on Human And People’s Rights 50. The African Charter on Human and People’s Rights entered into force in October 1986. Article 18 (3) of the charter states that “the state shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in international declarations and conventions”. By this Article, the African Charter has incorporated all of the international declarations and conventions that relate to women. There is a protocol on the Rights of African Women approved in July 2003 that offers wide protection for the rights of women. Sierra Leone needs to ratify this protocol, which will allow the rights provided in it to be enjoyed in Sierra Leone. The Convention on the Rights of the Child (CRC) 51. The Government of Sierra Leone by ratifying the Convention of the Rights of the Child is obliged to ensure that the children of Sierra Leone enjoy the rights in the Convention, which include civil and political, economic, social and cultural rights. Four important principles in the Convention are: non-discrimination; the best interests of the child; the right to life, survival and development; and respect for the views of the child. 52. The government is also obliged to take all appropriate legislative, administrative and other measures in order to ensure implementation of the rights recognised in the Convention. In respect of the economic, social and cultural rights the government is obliged to undertake such measures to the maximum extent of the available resources and, where needed, within the framework of international co-operation. 53. The President of Sierra Leone is responsible for the execution of all treaties, agreements or conventions in the name of Sierra Leone but if they are within the legislative competence of Parliament or alter any existing law, they must be ratified by parliament by an enactment or a resolution. International law is operative in Sierra Leone by two processes of ratification, one by the executive and the other by the legislature. 54. There is presently in existence a draft bill incorporating the provisions of the Convention on the Rights of the Child into national law. The draft was prepared and discussed nationally even before the end of the war. The Government of Sierra Leone should honour its obligations to the children of Sierra Leone by having this bill passed into law immediately. 55. There are two Optional Protocols to this Convention: the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. There is a Committee on the Rights of the Child that monitors States’ compliance with the Convention and considers the periodic report States are obliged to submit to the Committee on measures they have adopted to give effect to the provisions of the Convention and progress made in the enjoyment of these rights. Children and the transitional justice institutions in Sierra Leone
56. Children were explicitly referred to in the Lomé Peace Agreement and have been explicitly referred to in the mandates of both transitional justice institutions created afterwards, namely the Truth and Reconciliation Commission and the Special Court for Sierra Leone. An earlier section of this chapter sets out how the Commission has resolved to include children in its work and how it interpreted its mandate. The role of children in the Special Court for Sierra Leone
57. The Parliament of Sierra Leone, following an agreement on 16 January 2002 between the Government of Sierra Leone and the United Nations, enacted the Statute of the Special Court. This court was established to try those that bear “the greatest responsibility” for the atrocities committed in Sierra Leone after 30 November 1996. The court deals with war crimes committed against children, as well as violations of international humanitarian law. The recruitment of child soldiers and crimes of rape and sexual violence will be among the crimes prosecuted. While children also perpetrated crimes against the people of Sierra Leone, the Special Court will not prosecute children under the age of 18. The major role for children in proceedings will be to testify to the atrocities they witnessed and experienced both as victims and perpetrators. Other international instruments impacting on children during armed conflict
58. Both the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child contain provisions that apply to children seeking refugee status or who are considered a refugee or internally displaced. Under Article 34 of the Convention on the Rights of the Child, as well as Article 27 of the African Charter on the Rights and Welfare of Child, all states have an obligation to protect children from sexual abuse or exploitation. They also have the right to be free from sexual exploitation and other hazardous forms of labour. 59. Sierra Leone is a party to the Geneva Conventions of 1949 and the Additional Protocols. The conduct of all combatants is governed under this international humanitarian law, also known as the laws of war: the 1949 Geneva Conventions and their two Protocols. A cardinal principle of humanitarian law is that civilian persons who are at the mercy of a party to the conflict are entitled to be treated humanely in all circumstances and to benefit from a series of fundamental guarantees without any discrimination. Under the laws of war the following acts in particular are prohibited: murder, torture, corporal punishment and mutilation, outrages upon personal dignity in particular humiliating and degrading treatment, enforced prostitution, rape and any form of indecent assault, the taking of hostages, collective punishment and threats to commit any such acts. 60. There are a number of other international instruments that seek to protect the rights of children, particularly during armed conflicts. The jurisprudence of the ICTY and ICTR has reinforced the principle that serous violations of these provisions constitute war crimes. The violations committed against women and children in Sierra Leone have been documented by a number of agencies and NGOs. While a few of the major perpetrators are likely to be prosecuted by the Special Court, the vast number of them who committed these violations are likely to go unpunished. The International Criminal Court (ICC)
61. Sierra Leone is also a signatory to the permanent International Criminal Court (ICC). The Rome Statute of the ICC does not apply to the events occurring in Sierra Leone, as the treaty is not retroactive. The Rome Statute of the ICC lists a significant range of sexual crimes as both war crimes and acts constituting crimes against humanity. These acts include rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation and any other form of sexual violence. 62. The Elements of Crime document annexed to the Rome Statute designed as a non-binding guide to the Court, which details the suggested elements for each crime, makes it clear that crimes of sexual violence can also be prosecuted as other crimes of violence, such as torture or mutilation, thus adopting the approach of the ad hoc tribunals. CHILDREN AND NATIONAL LAW IN SIERRA LEONE 63. The laws of Sierra Leone include the 1991 Constitution, the English common law and customary law. Customary laws, largely unwritten, are the rules of law, which by custom are applicable to particular communities in Sierra Leone. Defining and understanding ‘when one is considered a child’
64. The laws and customs relating to children are in urgent need of reform, as in many instances they are archaic and inconsistent. Both law and custom relating to children and are in conflict with international law on the rights of children, particular in their definition and understanding of when one is considered a child. Age of Majority
65. The age of majority in Sierra Leone is 21 years old, based on the common law, which was adopted from English law under colonial rule and maintained after independence to present day. Under the 1991 Constitution a citizen who is 18 years old has voting rights. Criminal responsibility starts at ten years of age. The Children and Young Persons Act Chapter 44 of the Laws of Sierra Leone, the main legislation on children and juvenile justice, defines a child as a person under the age of 14 years and a young person as a person who is above 14 years and under the age of 17 years. 66. Under customary law the age of majority is not fixed. It varies depending on the purpose for which it is considered and from one ethnic group to another. A common practice and belief that exists in traditional society is to perform traditional initiation ceremonies on boys who have reached puberty, marking their entry into the male society and into full adulthood. However a girl child who has reached puberty and has been initiated into the female society does not attain the status of full adulthood, as she is always under the guardianship of the male members of her family while unmarried, or of her husband when married. Modern customary practice has seen some departure from the views of traditional customary law to a certain extent to adapt with current trends. Such departure of course depends on how progressive a family or community is and is therefore rather arbitrary. 67. Given the numerous definitions around what constitutes a “child”, a great deal of uncertainty exists in law as to whether a particular law is applicable to children or not. This uncertainty affects the legal capacity of children both at a civil and criminal level as it is not clear whether they are entitled to receive protection as children or be treated as adults. State policy on the welfare of children
68. One of the fundamental principles of state policy set out in the 1991 Constitution is that the State should direct its policies towards ensuring that the care and welfare of the young are actively promoted and safeguarded. The fundamental principles of State policy impose a duty on every citizen to ensure the proper upbringing of his children and wards. Another fundamental principle is that the Government should strive to eradicate illiteracy and direct its educational policy to ensure that there are equal rights and adequate educational opportunity for all citizens at all levels by, among other things: safeguarding the rights of vulnerable groups such as children; securing educational facilities; and directing its educational policy towards achieving free compulsory basic education at primary and junior secondary school level. 69. While these provisions in the Constitution provide a basis for the Government to promote and advance the rights and welfare of children through its laws, policies and programmes, they have largely remained unused and ignored. 70. Since the 1991 Constitution came into effect, successive Governments in Sierra Leone have paid little or no attention to addressing the welfare and the interests of children in Sierra Leone. The Commission heard often that successive governments and political parties pay attention to the plight of children and, more especially, youths only during election periods when they are campaigning. Laws relating to the general welfare of children
71. Violence against children constitutes a crime under the general law which applies to all persons irrespective of age, and includes murder under the common law, assault, wounding and other crimes other the Offences Against the Persons Act 1861. There are also laws specifically prohibiting cruel treatment and violence against children. Prevention of Cruelty to Children Act
(Chapter 31 of The Laws Of Sierra Leone 1960) Cruelty 72. This Act applies throughout Sierra Leone and defines a child as a person under the age of 16 years. The Act makes it a criminal offence to commit acts of cruelty to children, including sexual and other related offences against children. Under this Act it is a crime punishable by imprisonment or a fine if any person over the age of 16 years who has the custody, charge or care of any child, “wilfully assaults, ill-treats, neglects or abandons, or exposes such a child or causes or procures such a child to be assaulted, ill-treated, neglected abandoned or exposed, in a manner likely to cause such child unnecessary suffering or injury to health (including injury to or loss of sight, hearing, or limb or organ of the body and any mental derangement)...”. 73. A parent or other person who is legally liable to maintain a child and who neglects the child in a manner likely to cause injury to the child’s health can be punished under this statute. A guardian also commits an offence if he or she fails to provide adequate clothing, medical aid and lodging for the child. Unlawful carnal knowledge and abuse of girls 74. It is a criminal offence punishable by imprisonment for a period not exceeding 15 years if anyone is found to be guilty of unlawful carnal knowledge or abuse of any girl under the age of 13 years, with or without her consent. Anyone found guilty of committing this same crime in respect of a girl above 13 years but less than 14 years, with or without her consent, is liable to be punished with imprisonment for a period not exceeding two years. 75. Usually in Sierra Leone, perpetrators who rape children are prosecuted under this law. The distinction between the punishment of the offenders of girls under age 13 and the offenders of girls above 13 but under 14 is not clear and is not consistent with the objectives of justice. It has contributed to the trivialisation of sexual crimes committed against girls and is an example of the Government’s breach of its obligation to prevent the sexual abuse of children. The two years’ penalty for perpetrators found guilty of raping a girl who is above 13 but under 14 is inappropriate and insufficient to deter the commission of such crimes. Allowing children to be in brothels 76. It is a criminal offence punishable by a fine or imprisonment not exceeding six months if anyone allows a child above the age of four to reside in or frequent a brothel. Indecent assault and attempt to have carnal knowledge 77. It is a criminal offence punishable by imprisonment for a period not exceeding two years if any person commits an indecent assault on or attempts to have carnal knowledge of any girl under 14 years. Prostitution 78. It is a criminal offence punishable by imprisonment for a period not exceeding two years if anyone procures or attempts to procure any child, not being a common prostitute, or of known immoral character, to have unlawful carnal knowledge of any girl under 14 years. The problem with this legal provision it that by exempting “common prostitutes” and “immoral” girls from the protection of the law it implies that those deemed to fall into these categories are not entitled to the protection of the law. Perpetrators have been able to use this loophole in the law to deny guilt, by imputing the character of the complainant. Abduction of a girl for immoral purposes 79. It is a criminal offence punishable by a period not exceeding two years if anyone intentionally removes an unmarried girl under 16 years from the possession and against the will of her father or mother or any other person having the lawful care or charge of such a girl for immoral or carnal purposes. 80. Further provisions under this Act include an acknowledgment of the right of a parent, teacher or other person under the lawful control of the child to administer punishment to the child and the arrest and protection of children. Other crimes provided for by the Act are the encouragement of seduction by guardian, procurement of a child for immoral purposes, owning or occupying or acting or assisting in the management or control of premises used for immoral purposes. 81. Before the war, abduction, while not a common occurrence, was under-reported. The under-reporting and limited prosecution of this crime may not have reflected its prevalence. The consent of the victim is not necessary to prosecute this crime. The aftermath of the war has left many girls and women who were abducted still living with their captors, which technically constitutes a crime under this Act. Evidence required to prove the sexual offences in this Act 82. The evidentiary rules regarding the prosecution of sexual crimes under this Act, provides that the evidence of one witness is insufficient and requires corroboration In the context of rapes committed during the conflict it would be almost impossible to prosecute those who committed these crimes as the prevailing rules of evidence set thresholds which victims or complainants would be unable to satisfy. Defences to crimes under this Act 83. The consent by a child under the age of 14 does not constitute a defence to a charge of indecent assault on a child under 14 years. However the Act was amended in 1963 to include the following provision: “Section
(9)(a): Where a marriage has been formally concluded either under
customary law or otherwise, the invalidity of the marriage does not
make the husband guilty of an offence under Section 6, 7, or 9 because
he has or attempts to have sexual intercourse with a girl or indecently
assaults her, if he believes her to be his wife and has reasonable
cause for that belief.”
84. This provision legitimises the rape of a young girl by her husband in law or custom. It also legitimises early marriages involving girls who are under the age of 13 years. This provision is therefore a violation of the right of the girl child to be free from physical and sexual violence and is a clear violation of the provisions of CEDAW and the Convention on the Rights of the Child. Rape 85. Rape is an offence under the common law in Sierra Leone. Rape consists in having unlawful sexual intercourse with a woman without her consent by force, fear or fraud. Sexual offences under customary law 86. Under traditional customary law, the consent of the woman or girl for the purposes of sex is immaterial. Consequently if a girl is raped or indecently sexually assaulted, her parents can maintain an action under customary law for compensation. If the girl is a virgin the amount of compensation includes “virgin money”. It is immaterial if the offender is a prospective husband of the victim. If the girl is married her husband can maintain an action for compensation commonly referred to as “woman damage”. Protection Of Women And Girls Act
(Chapter 30 of The Laws Of Sierra Leone 1960) Procuring Girls and Women for Prostitution within and without Sierra Leone 87. Under the Protection of Women and Girls Act, any person who procures or attempts to procure a girl or woman under 21 years who is not a common prostitute or of known immoral character to have sex with another person within or without Sierra Leone commits a crime and shall be imprisoned for a period not exceeding two years. Any person who uses threats or intimidation to do such an act commits a crime and shall be imprisoned for the same period. 88. The current provision both in the common law and under customary law in Sierra Leone reduce sexual crimes and the crime of rape to a civil action in which damages can be claimed without any regard to the victims/ complainant. Many of the laws also place a premium on the morality of a victims or a complainant and allow defences that impute honour. The laws relating to punishment are also contradictory and inconsistent as can be seen from the following example: the punishment for a violator of unlawful carnal knowledge of a girl under 13 years is liable to face imprisonment not exceeding 15 years but a perpetrator of the same offence committed against a girl above 13 years will only face imprisonment for a period not exceeding two years. Similarly an indecent assault committed on a girl or an attempt to do so is punishable only by a period not exceeding two years that in my humble opinion is inappropriate to cause a deterrence of these sexual offences. 89. The evidentiary rules relating to the prosecution of rape and sexual violence are also problematic. They are onerous and will lead to prosecutors making decisions not to prosecute, as they cannot meet the high evidentiary burden that is set. Corroboration of crimes of rape and sexual violence is impossible given the nature and the context in which the crime is carried out. In addition, until recently there was only one police doctor providing medical services to victims and the required report to the court. The reluctance of the police to prosecute these offences has perpetuated the culture of impunity and silence to the extent that most violations of this nature go unreported. 90. Sierra Leone also does not have a law that specifically makes incest a crime. In addition, the laws relating to sexual offences in most instances refer to girls. Sexual assaults against boys are not expressly provided for in the same way as sexual assaults against girls. 91. Custom and tradition in Sierra Leone have permitted the practice of female genital mutilation, which is performed on girls from the age of four onwards. This practice constitutes a violation of the rights of girls and young women and could conceivably be interpreted as constituting cruelty against children and prosecuted under the Prevention of Cruelty to Children Act as assault under the general law. If death results it could be prosecuted as murder or manslaughter under the general law. 92. Girls have a right to be free from all forms of gender discrimination, the right to life and physical integrity and the right to health. Young girls are not able to make choices about gender discriminatory practices and cannot make informed decisions about this practice and that is why it becomes necessary for States to enact legislation to protect them. In terms of international law, signatories to the Convention on the Rights of a Child and the Convention on the Elimination of all Forms of Discrimination against women, oblige governments to enact laws which will protect children from all forms of violence including gender based violence. 93. Since 1995 several countries in Africa have passed legislation that criminalises the practice of female genital mutilation. In 1999, Senegal amended its penal code to provide that “any person who violates the integrity of the genital organs of a female person.... shall be punished by imprisonment from six months to five years”. The Government of Sierra Leone needs to enact legislation to protect girls from this cruel practice. JUVENILE JUSTICE Children and Young Persons Act
(Chapter 44 of The Laws of Sierra Leone 1960) 94. Here again is an area of Sierra Leone law that requires urgent reform, as it is out of date with modern developments in law relating to children and juveniles. A further problem is that the justice system does not adequately cater for the rehabilitation of juvenile offenders in Sierra Leone. There is only one approved school and remand home to service the entire country. It is in a deplorable condition and does not cater for the needs of the juvenile accused or offender. Many of the juveniles accused of crimes have been abandoned by their parents or guardian and even when granted bail, they have nobody to give them the support and assistance they need during trial. Adoption Law
95. In Sierra Leone adoptions take place under both law and custom. The Adoption Act does not recognise adoptions carried out under customary law. In effect, practices that have existed under customary law for a number of years do not have any effect in law. The effects of adoption under customary law are different to that under the common law system as they confer no rights and no protection to either adoptive parents or the children adopted. 96. A further problem is the practice of fostering which involves a child becoming the ward of a person regarded as a guardian. The guardian or foster parent has custody of the child but in the absence of a law specifically providing for this process, their rights are rather tenuous. 97. After the war thousands of children were orphaned, leading to the establishment of many orphanages and foster homes in the country. However most of these facilities are private enterprises not regulated by law. In order to avoid abuse and trafficking in children, it is important to regulate this new industry and to ensure that the rights and responsibilities of the proprietors are set out to protect the best interests of the child account properly for donor funds. Law reform in this area is needed desperately. Marriage and family law
Early Marriages 98. Early marriages pose a major challenge to the government of Sierra Leone as early marriages are permitted under customary law systems in Sierra Leone and involve the marriages of girls under the age of 18. There are four types of marriage in Sierra Leone: Christian marriage, Civil Marriage, Mohammedan Marriage and Customary law marriage. There is no minimum age of marriage applicable throughout Sierra Leone. Under Mohammedan and customary law even prepubescent girls below the age of 10 may be given in marriage. 99. Studies confirm that early marriages impact negatively young girls by affecting her full development, particularly in terms of education, economic autonomy, and physical and psychological health. Most adolescents who marry young are pressured to begin child bearing prior to psychological maturity, which contributes to the high levels of maternal and infant mortality. Furthermore when a child or adolescent is compelled to marry at a young age and she refuses to consent to sexual relations or is too young to consent, such marriages may result in sexual violence. 100. In terms of customary law, girls as young as ten are permitted to marry and are capable of consenting to marriage, given their levels of maturity. Families usually coerce them into these marriages. There is often a significant difference in age between these young girls and the spouses chosen for them. 101. The Commission has found that the practice of early marriage has contributed to the high levels of sexual abuse of girls and has led to society’s condoning of a practice that is detrimental to the development of young girls. It is also in clear contravention of international law to which the government of Sierra Leone is signatory to. The Commission finds that the different legal systems need to be harmonised and brought into line with international law. The Commission addresses the issue of early marriages and the age of consent in its recommendations. Economic and social rights of children
Child Labour 102. The Employers and Employed Act Chapter 212 of the Laws of Sierra Leone 1960 determines a minimum age of employment for children. The Act prohibits the employment of children who appear to be under the age of 12 years, except where they have been employed by a family member and approved by a competent authority, in agriculture, horticultural or domestic work as a member of the family. 103. Even when children are legally permitted to work, the hours of work are restricted and the work must not be of a nature that will cause injury to the child. Children under 15 years are prohibited from working in any public or private industry or in a vessel unless it is one in which family members are employed. The Act prohibits the employment of employment of a girl or woman or a boy under 16 in a mine. The Act prohibits employment of children under 18 for employment at night in any public or private place. These laws are hardly enforced or implemented given the prevalence of children engaged in street trading and mining. 104. The Military Forces Act 1961 prohibits the recruitment of a child below the age of seventeen and a half unless the person’s parents or guardian or other competent authority gives consent. In terms of the Geneva Conventions, the conscription of persons who are below 15 is prohibited. 105. Both the pro government forces and the opposition forces forcibly recruited children as combatants in clear contravention of international law. The Commission urges that this practice be reviewed and that those violating international law be held accountable. 106. The Commission finds that the Government of Sierra Leone before the conflict broke out did not monitor the practice of employing children below the minimum age prescribed by the Act and in so doing has violated the rights of children. A further abuse is the failure to remunerate children appropriately. An exception is in the mining field where the government has taken some measures to regulate the employment of children. Inheritance law 107. Under the general law children born within marriage are entitled to one third of their father’s estate. They are not entitled to anything from their mother’s estate, as the husband is entitled to all of her property. This distribution operates on intestacy where neither parent has made a will. Children whose parents are unmarried are not entitled to property, as they are considered illegitimate. While there have been some challenges to this position, no law reform has taken place in this area. The President did make certain pronouncements about doing away with the concept of illegitimate children but has failed to take the matter further. 108. Under customary law and Mohammedan law, male children have more rights of inheritance than their female counterparts and in some customs female children do not have any right of inheritance. The Commission finds that the practice of discriminating against children on the basis of illegitimacy is in clear violation of international law and that urgent law reform in this area is desperately needed to ensure that the rights of children are not violated. Maintenance of children 109. A father of an illegitimate child does not have a legal obligation to maintain that child without a court order to this effect, unless he has adopted that child. The Bastardy Laws Amendment Act 1872 enables the mother of an illegitimate child to apply to a Magistrate court for an affiliation order against the man alleged to be the father of that child for weekly payment to be made to her to maintain the child. Presently the applications for an affiliation order are under the Bastardy Laws (Increase of Payment) Act 1988. This Act entitles the court to order the father to pay an amount not exceeding Le100.00 a week for the maintenance of that child until he is 16 years. 110. The Commission finds that the Bastardy laws are discriminatory and in clear violation of the Government’s obligations to protect children and treat them with dignity. The Commission recommends that this law be abolished with immediate effect and that laws be enacted which do not discriminate against children on the basis of birth or marriage. Application of National Law to Violations during the Conflict
111. Children suffered numerous violations during the war. These include abduction, forced recruitment, detention, forced displacement, forced labour, assault, torture, forced drugging, amputation, forced cannibalism, forced separation, rapes, sexual slavery, sexual abuse, and death. While most of these violations constitute crimes under Sierra Leone’s criminal law, it is unlikely that national prosecutions will ever happen given the amnesty provision in the Lomé Peace Agreement and the capacity of the current judicial system to taken on perceived political crimes. 112. It is unlikely that accountability would be achieved even if prosecutions took place, though, as it would be extremely difficult to prosecute under such a high evidentiary burden. Sexual crimes would be even more difficult to prosecute under the current laws, especially as these crimes were committed in the context of a conflict. These crimes were committed in period of incredible violence by multiple groups of perpetrators making it very difficult for women to identify their perpetrators. 113. The national legal system shifts the evidentiary burden to the complainant for crimes of sexual violence and rape. In addition, the high evidentiary threshold renders conviction almost impossible. Under national law, the crimes of rape, unlawful carnal knowledge, indecent assault, abduction for immoral purposes, and procurement for prostitution are inherently crimes against the honour, dignity and chastity of the victim, her family or the community. They do not adequately present the violence involved in these crimes, particularly when committed during a conflict situation. They rather focus on the moral aspect, which could lead to a further stigmatisation of the victim. It is highly unlikely that prosecutions would take place given that the national legal system did not manage to prosecute these crimes even during peacetime. CONCLUSION ON THE LEGAL STATUS OF CHILDREN 114. The Commission finds that the laws in force for the protection of the rights of a child are hardly enforced or implemented. In addition, the laws relating to the definition of child are confusing and contradictory. No uniform age of majority applies throughout the country. 115. The Commission finds that while legislation exists to cover adoptions, the practices of adopting under custom and tradition, as well as the practice of fostering, are not regulated by law. Lack of regulation gives rise to abuse and a lack of protection for children and the adoptive parents. During the conflict, these loopholes led to many children being taken out of the country without going through a proper legal process. The government needs to pass legislation to regulate the private institutions that have been established as orphanages and homes for children. Urgent law reform is required in this area. 116. The laws relating to the welfare of children do not adequately provide for their needs. Employment practices and law need to be brought in line with the provisions of the Convention on the Rights of the Child. 117. Regrettably the laws on sexual violence are not comprehensive and also place the evidentiary burden on the victim, or complainant. Customs and practice also contribute to the culture of silence and impunity that prevails in the country. Prosecutors of these crimes encounter great difficulty in prosecuting them because of the high evidentiary burden that needs to be satisfied. 118. The dual legal system existing in Sierra Leone since before the conflict has impacted negatively on the rights of children. In many instances, both law and custom are in clear contravention of international law, particularly the Convention on the Rights of the Child. Traditional customs and practices have also exacerbated the position of children, particularly girl children. The conflict and the cleavages in the society led to the complete debasement of children, the effects of which are being felt in Sierra Leone today. However the aftermath of the conflict presents civil society with an opportunity to lobby government for wholesale reforms, which are necessary at the level of both law and custom. 119. The Commission is of the view that the Child Rights Bill needs to be passed into law as a matter of urgency. ROLES AND EXPERIENCES OF CHILDREN DURING THE CONFLICT IN SIERRA LEONE VIOLATIONS AND ABUSES AGAINST CHILDREN 120. Children in Sierra Leone suffered immeasurably during the eleven-year conflict that engulfed the country. The conflict was characterised by wanton destruction, loss of life and massive violations of human rights. The violence was pervasive, with children of all ages throughout the country suffering horrible and unimaginable atrocities. The levels of violations endured throughout the conflict period. A 15-year-old girl testified to the Commission during closed hearings in Freetown of the following acts: “When the rebels attacked
Kingtom, we ran into hiding but unfortunately, someone told the rebels
that we were in the mosque…. They located us, killed six people,
chopped off my sister’s head, raped me, tied me up and amputated my
foot… for four days I was there alone and maggots started coming from
my foot… Later I was rescued by some ECOMOG soldiers who took me to the
hospital where I learnt I had become pregnant and had to do an
abortion.“
121. Submissions to the Commission confirm that the majority of human rights violations committed against children during the conflict took place under circumstances where the perpetrators had absolute control over their victims and had them totally at their mercy. While these violations were mainly meted out against children by their adult captors, in many instances the violations were carried out by children themselves against friends and family members. The conflict was responsible for producing child perpetrators. One of the horrors of the conflict took place in Pujehun in 1991, when pupils of St. Paul’s Secondary School, who had been abducted and drugged, were forced to slaughter their own parents. 122. Describing the experiences of children in Sierra Leone, UNICEF stated: “Children
have been forcibly abducted from their families and held in abominable
conditions, mistreated both physically and sexually, and denied basic
human needs. They have been forcibly conscripted into military and
paramilitary activities and forced to commit heinous acts against
others, often drugged, all the while undergoing brutal treatment by
their superiors. Girls have been captured as sex slaves to serve as
“wives” to combatants who treated them with the utmost cruelty.
Children of all ages have been separated from their families, in many
cases never to be reunited. Many children have grown up in abominable
conditions, both in Sierra Leone and in neighbouring countries.”
123.
During the conflict, all of the armed factions, including the
pro-government forces, committed gross human rights violations against
children. In its submission, UNICEF noted that:“The RUF and the
AFRC were responsible for the bulk of violations committed against
children. Nonetheless, systematic and horrific abuses were committed by
the pro-government CDF and their powerful Kamajors, as well as by
ECOMOG forces.”
124. In a submission made by a children’s group to the Truth and Reconciliation Commission, children themselves made this poignant statement: “Every child in this country has got a
story to tell: a heartbreaking one. Unfortunately, only a handful of
these stories will be told and made known to the world. But the
devastating impact lingers and endures all the time. It continues to
linger in the minds and hearts of young people.”
125. The TRC database recorded violations against children in every one of its violations categories. In certain categories, children suffered disproportionately high levels of violations, leading to the conclusion that children were deliberately targeted. These categories included abduction, forced recruitment, rape and sexual slavery, as illustrated by the graphs in Figure 2, below.
ABDUCTION AND FORCED RECRUITMENT 126. A unique feature of the conflict in Sierra Leone was the forcible enlistment and use of child soldiers by all of the armed factions, including the pro-government forces. Among the chief perpetrator factions were the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC), the Sierra Leone Army (SLA) and the Civil Defence Forces (CDF). 127. The RUF was the first to abduct and forcibly recruit child soldiers. With the passage of time, the RUF established a separate children’s unit known as the Small Boys Unit (SBUs) and Small Girl’s Unit (SGUs) under various commanding officers. The government soon followed suit during the NPRC regime of Captain Valentine Strasser (1992-1996), significantly expanding the Army in part by bringing in children as recruits. Certain units of the Civil Defence Forces (CDF), the pro-government militia, also made use of children in their prosecution of the war. 128. Thousands of children were abducted in villages and towns during raids and attacks carried out by the RUF. In the month of January 1999, it has been estimated that more than 4,000 children were abducted during the AFRC-led incursion into Freetown. Many children were also conscripted into the CDF on the basis of “patriotism”. In the case of the CDF, parents volunteered and paid for the initiation of their children into the Kamajor militia. While in most instances parents volunteered their children, many were also forced into putting them forward out of fear of very powerful initiators. They were told that initiation would confer upon their children mystical powers, which would make them impervious to bullets and would protect them from the enemy. 129. Abduction was often the first violation committed against a child and was usually followed by forced recruitment or another form of “adoption” into a faction. Children were abducted and removed from their families or communities to locations under the control of an armed group. A ten-year-old boy told the Commission of his experiences at the time of his abduction: “During the NPRC period, one early
morning, my mother and I were on the farm. Six armed men entered the
farm and hid themselves in the hut. We entered… and saw them dressed in
SLA uniforms. We were captured and detained with their guns against our
heads... The commander of the group was Colonel Mohammed Sesay… he said
to me that I should join them or they will kill my mother and myself. I
choose to join them since I had no option… I joined them unwillingly at
an early age of 10 years. On our way to Kailahun I was given a weapon
called AK-47 and taught how to shoot on sight. We attacked so many
villages I could not remember their names, until we reached Kailahun,
which was the headquarter town of the RUF.”
130. Abduction and forced recruitment were also followed by other violations, as illustrated by the testimonies of these child witnesses: “In
1993, I was abducted by rebels and taken to the bush… My sister and I
were taken away from my grandmother… I cannot tell for now whether my
grandmother and sister are alive… I went to stay with the rebels in a
village… I used to carry loads on my head, such as looted properties,
for long distances. I was taken with others to be trained in another
rebel base, for about two months… we were then sent to different areas.
They used to kill us SBUs, or small soldiers… we used to go out on
food-finding trips to villages. When we brought the food, it was only
for the commanders and we were given just cassava to eat. I and other
abductees were not getting enough food to eat… they told us that if we
attempt to escape they will kill us… they used to beat me and others if
we failed to carry out their orders… I was with them till 1999…”
[and]“…I
was attending the St. Francis Primary School Makeni, I was in class
three… During the 1998 intervention period, RUF Colonel Kole Boot came
with five armed men to my house, they started beating all of us and
raping my mother, sisters and aunts in front of me. When they finished,
the Colonel turned to me and said I should choose between death and
following them. I followed them to Kamakwe; there he injected me, cut
my face with a blade and plastered the drug into the wound. I became
unconscious and fell on the ground. When I regained my consciousness,
he showed me how to fire, dismantle and couple up a gun… he took me to
Colonel Alabama for training. I trained for two months and passed out…
I later joined SLA Major Palmer, who led me in several battles.”
[and]
“…We were taken to another house where we were raped… they gave us
their luggage to carry to Fadugu. On the way they flogged us. Upon our
arrival we were distributed to different rebels to be married to. When
we refused, they flogged us. We were raped by two or three men daily…
we eventually got married to them. They gave us drugs like marijuana to
smoke… they looted properties whilst we carried their ammunitions…”
131. Children soon found that gender and age did not matter to their perpetrators as they were used in various roles for the war effort. In addition to being used as fighters, girl-children were also used as sex slaves and domestic labour. A ten-year-old girl told her story of capture at the time of an attack: “It was sometime in 1997
during the first attack in Fadugu… I was in the house when the door was
broken open and three of us including a boy and a girl were abducted. I
was taken by one Amadu Koroma, an RUF member, to be a helper to his
wife, who was pregnant… in Kono…
On the way going, the elder brother
called Mohammed said he wants me to be his wife. Amadu then said the
girl is small. When Amadu left for the usual patrol, his brother raped
and virginated me... I was used as a domestic labourer for the wife of
Amadu Koroma… we were then recalled to Makeni by Superman. I was then
given an ammunition box to carry on my head…”
132. Younger children were not initially used to fight and instead were used as load carriers and domestic labour. Later on they graduated to becoming sex slaves and fighters in the case of girls, or fighters in the case of boys. 133. Some of the children abducted by the RUF, from Yambama (Bo), Ngegbema (Kailahun) and Njagbwema Faima (Kono) respectively, recounted their experiences in the following terms: “Every
morning there will be a roll call to share duties between different
groups: one group to find food for them; another group to carry out
fishing; others to cook; others were sex workers. Little children were
responsible to carry loads, whether heavy or not. After all the day’s
work, we don’t eat their food; we only live on cassava.”
[and]“When
I was sent on missions, I used to capture young boys and girls and
train them as child soldiers… After all my successes; I was called
Merciful Killer and later transferred to join the RUF high commander
Colonel Issa Sesay.”
[and]“I was captured by the RUF at a very
small age (seven years) in 1994. No sooner was I given my own weapon, I
was forced to go to the war front with my colleagues to attack our
enemies. Sometimes I was under drugs, because it is not easy for
somebody to join the movement if you are not introduced to drugs.”
134. Child soldiers lived in a hostile and extremely violent environment. They became conditioned to violence and committed heinous crimes, often under the influence of dependence-inducing substances. 135. Child soldiers were often forced by their captors to commit heinous atrocities in order to demonstrate loyalty to them and their cause. Atrocities often included carrying out the killings, amputations and rape of loved ones, community members, relatives and peers. Atrocities against family and community made it extremely difficult for child soldiers to escape and return home. Unsuccessful escapes met with swift and violent reprisals intended to ensure that no child combatant attempted escape in the future. Some of the child witnesses testified to the commission of their experiences: “In the evening, they
gathered all of us youngsters and we were put in chains. We were taken
to the secondary school for training. Later, I escaped with a brother
called Juana. He was caught and shot on sight... ”
“I was
captured together with five other girls at Sierra Rutile and taken to a
base at Mattru Jong... I was thirteen years old at the time… Later we
tried to escape but we were caught, beaten and brought back to the
base. We were then trained for about six months.”
[and]“I was
captured by the RUF whilst my parents and I were trying to escape from
Kailahun. I was taken to a base outside Kailahun for training and I
decided to escape. When they caught me, I was stabbed on the head with
a military knife, beaten and taken back to the training base.”
136. Most of the armed factions used children at checkpoints. They set them up and manned them in conjunction with adults. This trait was one violation the RUF and the CDF had in common. Many civilians who came before the Commission told of their fear of the children at checkpoints. 137. Another aspect to the forced recruitment of children was “re-recruitment” after the disarmament process. During 1998 when the disarmament process commenced, many of the children disarmed were re-recruited back by the same armed groups. This was especially true of children who did not have a safe and secure home environment, even before the war. Children who fell into this category often had no safe place to go following demobilisation, particularly when their allotted times in the Interim Care Centres (ICCs) were up. The failure to take this factor into account impacted negatively on the demobilisation and disarmament process. 138. Many of the abducted children often had siblings and relatives who had also been abducted. All family members learnt very quickly not to expose their relationships to their captors as the possibility existed that they might be held responsible for the actions of the other, especially if the other escaped. In such instances they would be severely punished. A child witness testified as follows: “The rebels attacked Serabu and we fled into the bush…
I ran away with my brother and sister. Unfortunately for us, we were
captured and taken to the town… the following morning, one of the
rebels came into search for us but he did not see my brother and
sister. They threatened to kill me because they thought I had incited
them to escape. I understood later that my brother had escaped… I was
singled out and asked to lie down under the sun… Whilst standing
outside, I was shot on my left foot…”
139. Statistics in Sierra Leone are problematic to obtain. The exact number of children who were abducted and forcibly recruited is difficult to ascertain. According to the TRC database, 28,3% of the victims who suffered forced recruitment were 12 years or younger at the time of abduction; 52,5% were 15 years or younger; and 63,1% were 18 years or younger. The number of children who made statements to the Commission is not, however, reflective of all the children whose rights were violated during the conflict period. 140. The Children’s Forum Network in its submission to the Commission expressed children’s current plight in the following excerpt: “Adults,
who were disgruntled and acted through the senseless and indiscriminate
atrocities, were unable to reach what was supposed to be their real
targets and decided to take advantage of our vulnerability to exploit
and destroy the future base of this nation, which they claimed to have
been fighting for… It goes without saying that we the children bore the
brunt of the conflict and witnessed the worst episode of man’s
ruthlessness probably ever in man’s history.”
FORCED DISPLACEMENT 141. The fear of attack and subsequent violations, as well as widespread intimidation during the conflict, resulted in people fleeing their homes for more secure areas both in and out of the country. The mayhem and confusion that always accompanied attacks led to massive forced displacement within communities, towns and villages, as well as forced separation of families. Forced displacement in Sierra Leone during the conflict period was not a one-off occurrence, but rather became a way of life for many victims: “I was living in a village at Jawi
Chiefdom in Kailahun District when RUF rebels attacked us in 1991. At
that time I was staying with my father, my mother and other relatives…
we moved to Tongo and stayed there for one year. In 1992, RUF attacked
Tongo Town, at that time my mother had an eight months pregnancy, and
she was killed by a stray bullet. After that, I and my father ran to
Kenema Town
[and]“…I was living in Kawoya village, Moyamba
District with my parents. One day the RUF rebels attacked our village
in 1995. I left our village with my parents and went to smaller
villages to hide. We were also attacked in one of these smaller
villages, my parents, sisters and brothers fled to the bush to hide. I
was captured alone in the village by plenty of rebels…”
142. The people worst affected by sudden and forced displacement were usually in the most vulnerable groups: children, women and the aged. As these testimonies illustrate, families were often broken up as they sought safety: “It happened in the year 1997 when there was a
series of factions attacking Koindu. Unfortunately… one afternoon the
attack that happened by the group of SLA caused my separation from my
family members, that is my father and my mother. It was very much
sorrowful at the time I was separated from my mother. It was not easy
at all and by then I was just 11 years old, very immature… I finally
separated from my family members and went into the jungle…”
[and]“Rebels
attacked us in this town, Kunnandu, and I ran for my life with my
mother and sister. On our way going to Guinea… we met another rebel
group RUF at Kulumbaya town, which is located along the border of
Sierra Leone and Guinea… After capturing us, they instructed my mother
and sister to go and leave me because the C. O. was not going to
release me. He attempted to kill my mother when she refused to go… the
man then took me to Koidu and my mother was headed for Guinea…”
143. The Ministry of Social Welfare, Gender and Children Affairs (MSWGCA) estimates that more than 15,000 children suffered separation from their families and communities during the eleven-year war. Separation resulted in children becoming refugees in countries such as Liberia, Guinea, Gambia, Ivory Coast, Nigeria and other West African states. Many became internally displaced persons within the country. The Women’s Commission for Refugee Women and Children estimated that by 1996, there were more than 700,000 internally displaced persons in IDP camps across Sierra Leone: “I was staying with my parents when
the RUF attacked us here in Koidu Town. My father took us to Njagbema
Fiama bush… we were again attacked in the bush by RUF rebels and
captured… All of us were given loads to carry, including my dad. On our
going my other sister was given load not equivalent to her strength…
the sooner she announced it to them that she cannot continue, her hand
was amputated… because of the nature of her profuse bleeding, we were
given passage to cross to Guinea…”
144. UNICEF has estimated that the war displaced 1.8 million Sierra Leoneans from their homes. This of course only refers to that category of displaced persons who could be counted in refugee or IDP camps. It did not count the remaining 2.4 million people who fled to parts of the “bush”. They were affected and displaced “in the bush”. 145. Many children found themselves alone without kith or kin in both refugee camps and camps for the internally displaced. Their experiences were very harrowing. The lack of a normal family structure amidst the difficult new environment was a bewildering experience for children. Sadly many suffered even further violations in these camps perpetrated by those meant to protect them. Many children did not survive these experiences. The sexual exploitation of Sierra Leone children in refugee camps has been well documented in the UNHCR and Save the Children UK report of February 2002. In addition, they also suffered other violations such as economic exploitation and slave labour. Children were forced into adulthood before their time. FORCED LABOUR 146. Children were also used as forced labour by the armed groups. They were used as porters in both military and civilian capacities. The role of porters, or “human caravans”, included moving the properties of the armed groups, carrying looted properties away after raids and carrying arms and ammunitions to and from the war front. This practice began with the RUF and, in the jargon of the RUF, these children were part of what was referred to as “manpower”: “…Each time they went to go
and fight, we were forced to go with them… we were forced to carry the
ammunition boxes and cartridge boxes on our heads…”
147. Children were often made to carry heavy loads for long distances, making escape difficult, especially for younger children who could not trace their way back home. In many instances, children were abducted and immediately used as forced labour: “I was in Kono when the
RUF attacked Kono. It was the time when the South Africans were in
Kono…I was among some thirty-seven girl-children who was captured by
Superman’s boys…I was given load to carry on my head from Kono to
Makeni. I used to carry loads every day from Kono to Makeni”
[and]“I
was in Fadugu in November 1999 when rebels of the AFRC attacked the
town… I was captured and abducted… During my stay with Savage and his
troops, I was used as a porter for their looted items. They raided
several villages and farms on looting missions… in the process, they
captured creatures such as goats, cows, sheep, fowls and food stuffs
like rice, groundnuts and others.”
148. Children were forced to carry out domestic chores and would be assigned to “wives” of Commanders and to work for them on a daily basis. “… While we were at Lunsar; I used to work with the women in the kitchen. I used to go and fetch water…
149. Many children testified to the Commission of how hard they had to work, often on an empty stomach. They were punished for the slightest infraction and any perceived “misdemeanours”. They then suffered further violations. It was mostly girls and very young children who were used in this way. Some of the children testified of their experiences as load carriers and domestic slaves: “Rebels got to
Tarinahun Pesseh one afternoon in 1993, on a Wednesday… I was caught,
tied and given a big bag of things to carry to Pujehun… As a small boy,
I suffered under the load from Tarinahun to Pujehun… At Pujehun… they
used to beat me every morning, I had barely enough food to eat… I used
to launder for them and their girl friends. I was taken to almost all
of the nearby villages to get food and fowls for them. I was punished
if I failed… one day I was sent to find food together with a few
others… on our way, I was bitten by a snake. Only God knew how I was
cured…”
150. Children were later used by many of the armed factions to work in the diamond mines under the most appalling, back-breaking conditions. 151. Children generally worked in conditions that were extremely violent and where the slightest mistake was severely punished, often resulting in death. SEXUAL VIOLATIONS AGAINST CHILDREN
(RAPE, SEXUAL SLAVERY AND SEXUAL ABUSE) 152. The Commission has not been able to establish conclusively how many children were raped or suffered sexual violence and sexual slavery due to the difficulties with statistics in Sierra Leone. However the Commission’s database and the testimonies recorded during TRC hearings confirm that all of the armed forces perpetrated rape, sexual slavery and sexual violence. The Commission’s database points to the systematic nature of sexual violence during the conflict period and how it affected mostly girl children. 153. From the commission’s data, 25% of rape victims with ages documented were 13 years of age or younger and 25% of sexual slaves with ages documented were children aged 12 or under. Also, 50% of sexual slaves with ages documented were children aged 15 or under at the time they were abducted. The most targeted age range for this violation comprised girls and women aged between ten and 25 years. 154. While women who have been sexually violated usually bear a stigma all over the world, it is even worse in a country like Sierra Leone where the prevailing culture is a deeply traditional and secretive one. Victims tend not to disclose their experiences, as they fear stigmatisation from family members and their communities. Historically women in Sierra Leone did not disclose rape. This pattern has remained true even for the conflict period and its aftermath. 155. Had it not been for the efforts of FAWE and other women’s NGOs, as well as the sheer number of girls and women who suffered sexual violations, particularly during the invasion of Freetown, there would not have been much exposure of this category of violations. Despite all efforts to date, full disclosure has still not been achieved. It is important to note that the Commission’s data is only a small representation of the problem and does not do justice to the total number of women who have suffered sexual violence. RAPE 156. During the conflict, girls were subjected to indiscriminate rape as a matter of course. They were raped whenever and wherever a member of an armed group encountered them, if the opportunity presented itself. Rape took place everywhere, both in and outside houses and in the bushes. The circumstances of rape depended on the whim or mood of the perpetrator and whatever pleased him. Girls suffered crushing dehumanisation in the course of even the most familiar daily routine situations: “When the RUF rebels captured us, they took us to
Kailahun… They beat us and sent us to fetch firewood and food… when we
went to fetch fire wood, the rebels that went with us raped me… After
the signing of the peace, the rebel Colonel Akim told his men to take
all the children they have captured back to their people… on our way
the man that captured me raped me again.”
157. Girls were raped at times when they were highly vulnerable, left without proper protection and taken advantage of:
“…At one time, Mummy Peoples went on a journey and left me in care of
another lady called Marion. While she was away, a rebel called Abdul
virginated me. We were over 20 in number. All of us were virginated by
different rebels. I became seriously ill and paralysed…” </ |
