Introduction
In March 2010, the Human Rights Commission (HRCSL) of Sierra Leone presented its annual report to the President and the Parliament of the Republic of Sierra Leone. By virtue of s.24 (1) of the Human Rights Commission Act (Act No 9 of 2004), the HRCSL is required to produced and submit to the President and Parliament an annual human rights report.
Commissioner Edward Sam, Chairman HRCSL
Funding
With the close of the HRCSL/UN PBF project in mid 2008, the HRSCL transformed its Strategic Plan for 2009-2011 into a project document. The Commission held discussions with donors at a UNIPSIL conference in March 2009, but was unable to secure funding for the majority of its projects. GoSL began paying staff salaries and provided rent for Head Office for 2009/2010.
Staffing and Training
Staff turnover was not high and those who left were replaced. The Raoul Wallenberg Institute of Human Rights and Humanitarian Law based in Sweden organized a training in Freetown for all HRCSL staff and commissioners. Topics included the Role and Functions of National Human Rights Institutions – the Paris Principles; The International Human Rights Systems International Conventions, Ratification, and Reporting obligations; Conducting a Complaints Hearing and Mediation. HRCSL staff also participated in external training programs including a Certificate program in “Implementing Human Rights Conventions” at the Human Rights Law Centre, Nottingham University School of Law; a follow-up meeting on the Protocol on Democracy & Good Governance for National Human Rights Institutions (NHRIs) of ECOWAS member states in The Gambia; a conference in Mali on the role of NHRIs in relation to migration in West Africa, and more. HRCSL also continued developing its resource and documentation centre, receiving 290 human rights-related books, journals and other materials donated by various international organizations. Staff also donated materials collected during international meetings.
Engagement
After presenting its 2008 report to the President, HRCSL began an engagement project with GoSL, civil society and the public. The aim was to develop action plans that would result in improved commitments to advocacy, monitoring, information sharing and financial support for implementation of the 2009 recommendations. With assistance from Irish Aid, HRCSL conducted interactive fora with HRCSL district offices, civil society organizations (domestic and international) and GoSL institutions, lectures at tertiary and secondary schools, and dialogue fora with political parties. In addition, HRCSL held interactive public radio programs. The Commission was also featured on SLBS TV. In addition, HRCSL held celebrations for the public on Africa Human Rights Day (Oct 23) and International Human Rights Day (Dec. 10) and collaborated with MSWGCA and civil society during the “16 Days of Activism against Gender Violence (Nov. 25 - Dec. 10).
Support for the implementation of the TRC Recommendations: HRCSL developed a strategy for monitoring the implementation of all TRC recommendations, particularly the Reparations Programme. The Commission observed the payment of micro grants in the regions and assisted in launching of the Trust Fund for War Victims. In addition, HRCSL approached Colonel Ghadaffi of Libya to ‘ensure substantial support is provided to the War Victims Fund by the Libyan government.’ The Commission is yet to receive an acknowledgment or a reply from the Colonel. Though hampered by lack of funds, the HRCSL made strides in the technical processing and archiving of all the TRC documents in its custody.
Monitoring and Review of Draft Legislation: HRCSL monitored domestic prisons and other places of detention including the transfer of Special Court detainees to Rwanda. In addition, the Commission monitored government hospitals, police stations and the Labour Commission. Draft legislation reviewed in 2009 included the Disability Rights Bill, the Sierra Leone Broadcasting Corporation Bill, proposed amendments to the HIV/AIDS Bill, the Industrial Relations Bill and the Employment Bill.
Complaints Handling
HRCSL received a total of 330 complaints, mostly from the Western District. Ninety were ruled admissible, while 127 inadmissible complaints were referred to other institutions for appropriate action and 45 left pending at the end of the year. Many cases were reported to HRCSL out of frustration with delay in court proceedings, lack of money to pay lawyers and ignorance of the law. Most complainants were not fully aware of the Commission’s mandate and sought guidance on the justice system; many seemed afraid to pursue complaints against people in authority for fear of reprisals. Of the complaints filed, 50% were against private individuals, 15% against the SLP, 15% against other GoSL institutions, 5.8% against commercial institutions, 3.9% against private security agencies, 3% against traditional institutions, 2.7% against local government agencies, 0.9% against the military and 0.3% against religious institutions. The nature of complaints covered a wide range of issues including labour (13%), property (0.9%), crime (4.8%), police misconduct (14.5%), matrimonial disputes (6.7%), child rights (0.9%), due process violations (0.9%), domestic violence (8.5%), misconduct of traditional leaders (1.2%), shelter (1.5%), civil and political rights (11.5%), discrimination (4.5%), right to education (9.1%), right to life (15.1%), and personal liberties (3.9% ).
THE STATE OF HUMAN RIGHTS IN SIERRA LEONE
CIVIL AND POLITICAL RIGHTS
Life expectancy
In 2009, Sierra Leone went up two places to 180 out of 182 countries on the UNDP Human development Index. The country still had the highest rate of maternal deaths at 847 maternal deaths per 100,000 live births, with life expectancy at 47.3 years. It ranked 128th among 135 countries on the United Nation’s 2009 Human Poverty Index. HRCSL recommends that GoSL raise the amount of resources allocated in the national budget for health to at least 15% of GDP.
Security of Persons
There was an upsurge in armed robberies, with suspicion of police involvement. The President called in the military to assist the police in combating crime for a short period. Citizens reported abuse and harassment at check points staffed jointly by SLP and military. HRCSL recommends that GoSL press for the investigation committee on police abuse to conclude its investigation, publish its findings, and act on recommendations made.
Death Penalty
The death penalty remains legal for crimes of treason, murder and aggravated robbery. The courts imposed three death sentences in 2009, bringing the total on death row to 15 (3 women and 12 men), though no execution has been carried out since 1998. The President did not grant any pardons. HRCSL recommends that GoSL implement the TRC’s recommendation to abolish the death penalty.
Protection from Deprivation of Property
There were several reports alleging violations of property rights by the Sierra Leone Roads Authority (SLRA) and the Bumbuna Hydro-Electric project. Residents in Kambia District also complained that compensation paid to the Paramount Chief and other leaders by the construction company CSE, for the effects of blasting and quarrying of stone in their community never reached the affected villagers. HRCSL recommends that the Ministries of Works and of Energy investigate compensation complaints by property owners; and review of the current laws, policies and practice on compulsory acquisition of property for public works.
Freedom of Expression
SLAJ was unsuccessful in its Supreme Court suit seeking to have the libel laws of the Public Order Act of 1965 overturned. The IMC closed down the radio stations of the APC and the SLPP on the grounds that they were propagating divisive messages. Parliament passed a law, transforming the government runned Sierra Leone Broadcasting Service into an independent public corporation (SLBC). A few radio reporters received death threats for their broadcasts and a ‘Standard Times Newspaper’ correspondent was allegedly beaten by a police officer, for attempting to photograph him in uniform smoking marijuana. HRCSL recommends that Parliament takes immediate steps to repeal the criminal and seditious libel provisions in the Public Order Act, 1965 and enact the Freedom of Information Bill. The IMC should also increase monitoring of the operations of community radio stations to ensure they remain independent.
Freedom of Association and Assembly
Following allegations of sexual assault at the SLPP headquarters, women’s groups seeking to demonstrate in public were refused permission by the Inspector-General of Police. The IG also denied SLAJ permission to march against the libel provisions. Students planned a public protest against the Ministry of Education, but police officers did not allow the demonstration. A protest of ex-soldiers was stopped by police and turned violent. The ban on university social clubs by the college authorities continued throughout the year despite appeals from the National Union of Sierra Leone Students (NUSS).
Freedom of Conscience and Religion
Secret society members allegedly abducted people for initiation, and intimidated and beat non-members, stoning and vandalizing their houses. Victims alleged that the police failed to respond to the complaint because they too were involved in the society. Freedom of religion was generally respected, though there were reports of isolated incidents of religious intolerance in the Northern Province and Western Area. Both matters were referred to the police who arrested the alleged perpetrators.
HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE
Sierra Leone Police
The IG of Police was accused of manifesting bias when questioning allegations of sexual assault, without waiting for the police to conduct their investigations. The CDIID handled a total of 1,281 cases in the year under review, reporting inadequate food for suspects in police stations and mismanagement of posts. CDIID also found suspects in police stations that had been subjected to prolonged detention and had not been charged to court. Arbitrary arrests are ongoing on in the South. The JSDP provided countrywide training for police officers on sexual and gender based violence, and other human rights-related issues including the proper handling of suspects in custody. HRCSL referred 30 cases to the FSU, but noted with concern, the closure of the FSU in Grafton. HRCSL recommends continued training and improved conditions, review of the Police Act 1964 to strengthen operations of the CDIID and restraint from closing any FSU center.
The Judiciary
There is still no authoritative interpretation of “fair hearing within a reasonable time” as contained in Section 23 (1) of the 1991 Constitution and the Criminal Procedure Act of 1965 remains in need of urgent reform. Major barriers to access of justice, particularly for women, juveniles, PWDs and the poor included: lack of confidence in the court system, lengthy delays in proceedings, cost of hiring lawyers, absence of an effective legal aid system, bureaucracy, intimidation of victims and witnesses, inability to fulfill bail conditions, remoteness from the courts, infrequent court sittings and repeated adjournments. Additionally, prosecution services provided by the police continued to be poorly supported. The ACC investigated allegations of corruption and inappropriate behavior against members of the judiciary, while a number of criminal cases in the Magistrate Court perceived to have political undertones were discontinued (nolle prosequi) by the Attorney General’s Office. HRCSL recommends that the Ministry of Justice increase supervision of state counsels and magistrates; that GoSL revise the remuneration of state counsels; that temporary backlog courts be reintroduced to reduce outstanding criminal cases; that Resident Magistrates be installed in every district; that the Judicial Department disseminate information on the new Bail Policy; and that the law enabling the Attorney General’s Office to discontinue criminal cases be reviewed.
Local Courts
The Local Courts provided dispute resolution to about 70% of citizens, though they still suffered from limited state funding, poor salaries, political interference, and logistical barriers for those wishing to access their services. There were reports that some Local Courts exceeded their mandates through arbitrary arrests and imposed harsh punishments such as flogging. HRCSL recommends that the Ministry of Internal Affairs, Local Government and Community Development intensify training of Local Courts personnel on Local Courts procedures and that the District Human Rights Committees increase monitoring and reporting of the activities of Local Courts.
Prisons
HRCSL was struck by the contrast in the conditions found at the Special Court detention center and those at the state prisons. At the Central Prisons, conditions in the female section were generally satisfactory; the only major problem involved the
unavailability of drugs to address minor illnesses. The situation for male inmates nationwide regressed, except for prisons in the Northern Region. Complaints of insufficient food and beds, poor toilets, vermin and skin diseases were widespread. Use of solitary confinement as punishment in prisons continued, though on a limited scale. Inmates’ skills were utilized by officers without remuneration and prison officers continued to work under deplorable conditions. HRCSL recommends that GoSL improve living conditions in all prisons; that courts make use of alternative sentencing options and that GoSL improve conditions of service for prison personnel.
Juvenile Justice
A new juvenile court was erected in Freetown with a magistrate trained and assigned to the court. A ‘Procedures Manual’ was developed for the day-to-day management of the Remand Home and the Approved School. A documentation system to facilitate juvenile court proceedings was developed. The JSDP pilot legal aid scheme provided legal representatives to juveniles who needed them. However, there were no juvenile detention facilities in the northern and eastern regions, resulting in young offenders being kept with adults in police cells. HRCSL recommends that GoSL construct at least one Remand Home in the Northern and Eastern regions; that MSWGCA take steps to provide adequate approved school spaces for juvenile offenders so that they can serve sentences reasonably close to their homes; and that officers ensure that violent offenders are separated from other children.
Last Updated on Sunday, 17 October 2010 01:22
