Introduction
This is the second part of the summary of the third human rights situation report issued in March 2010 by the Human Rights Commission (HRCSL) 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 which it did in March 2010.
Commissioner Edward Sam, Chairman HRCSL
Economic, Social and Cultural Rights: Right to Just Conditions of Work: HRCSL received a total of 50 labour-related complaints, the highest number received in any category. Written conditions of service were not accessible in a number of offices and factories, and employment was often terminated without recourse to termination procedures. The Labour Commissioner’s Office lacked the requisite personnel to ensure that workers are not exposed to unsafe and unhealthy working environment; employers did not show consideration for the safety of their staff at work, particularly in the mining industry. HRCSL recommends that GoSL ensure that the Labour Commissioner’s Office is properly staffed; that Parliament pass legislation enhancing the status of workers, including the Employment Act, the Workmen’s Compensation Act, and the Industrial Relations Act; and that the Employers’ Federation work in collaboration with the Sierra Leone Labour Congress and MESS to ensure that all employers provide written terms and conditions of service to each member of staff and deposit copies with the Labour Department.
Right to Education: Of the required 200 teaching staff vacancies, only 15 had been approved by late 2008. A large number of children sold wares on the street and loitered during school hours. Illegal extra school charges by teachers put undue burden on parents and guardians. HRCSL recommends that GoSL fully implement the recommendations of the Gbamanja Commission of Enquiry to address the shortcomings in the current educational system; that the Ministry of Education expedite finalization of an Education Action Master Plan; that the Ministry ensure the readmission and retention of girl mothers in school and engage with other MDAs to eradicate the use of school age children as guides for disabled persons; that the Ministry engage the Educational Center for the Blind in Freetown for assistance in transcribing reading materials to Braille for the visually impaired pupils; and that the Ministry and local councils implement laws to remove children from the streets and into schools.
Right to Health: HRCSL notes the increase in 2009 budgetary allocation to the health sector from 5% to 8%. However, unsafe termination of pregnancy, as well as poor nutrition, failure to attend antenatal clinics and late referral to hospitals by TBAs of women with complications in labour contributed to the high maternal mortality rate. Sudden power outages at PCMH caused the death of five babies, which no satisfactory solution put in place. In February, GoSL announced its intention to launch a Universal Health Care policy abolishing fees for women and children in 2010, with the aim of reducing maternal and child deaths by 30%. An office on Maternal Mortality was set up in the First Lady’s office, and UNFPA and DFID committed funds to addressing maternal mortality over the next 10 years. Except for the Government Hospital Makeni, the health care system in the Northern Region was devolved to local councils, as required by the Local Government Act 2004; the councils were then able to monitor the flow of essential drugs. However, the health sector still faces challenges, including lack of medication and infrastructure, health care fraud, informal payment for service, and inexplicable financial transactions. HRCSL recommends that GoSL provide more incentives to retain doctors, nurses and other health care personnel in peripheral health services units; that monitoring be intensified and that the Ministry of Health be responsive to the findings and recommendations of such monitoring initiatives; that the Ministry of Health prioritize reproductive health rights in policy development and public education programmes; and that the Ministry of Health ensure that specialized services for the mentally ill and the aged receive adequate financial, human and material resources.
Right to Clean and Safe Drinking Water: Water supply infrastructure failed to meet the needs of residents in all areas of the country. According to SALWACO, only 30% of Bo City enjoys pipe borne water, and in Moyamba, Mattru Jong, Bonthe Island, and Pujehun Districts, there is no safe water supply system -- people continue to acquire their domestic and public water supply from untreated water wells and streams. In Freetown, there were several instances of citywide shortages of pipe borne water supply. Private companies under their corporate social responsibility agendas have begun supporting the Freetown City Council to provide public stand pipes in certain communities. HRCSL is currently monitoring implementation of the plan for the construction water stations in Moyamba, Pujehun and Bonthe Districts, and for the improvement and expansion of the water supply systems the in Bo District.
Mining: Soil dug up by miners washed back into ponds and streams, leaving the waters muddy and undrinkable, causing serious water crises and exposing residents to increased risks of malaria and typhoid. Use of child labor in the mines persisted. HRCSL recommends that GoSL enforce the provisions of the Environmental Protection Act 2000; that the Ministries of Mines, Health and Employment ensure that all health and safety laws, regulations and guidelines are strictly adhered to; that the SLP utilize the Child Rights Act 2007 to ensure that parents keep their children out of mining pits and implement a zero tolerance policy in this regard; that Parliament amend the Mines and Minerals Act 2009 to require mining companies to undertake regular periodic Environmental Impact Assessment (EIA) and Human Rights Impact Assessment of their activities; that mining companies take concrete steps to fulfill their corporate social and human rights responsibilities; that GoSL take immediate steps to fulfill the commitments it made in its response to the recommendations of the Jenkins – Johnston Commission of Enquiry.
Women’s Rights: National Gender Strategic Plan: MSWGCA, in collaboration with other stakeholders, and with funding support from the UN Gender Team, finalized the National Gender Strategic Plan. This Plan will provide a framework for the implementation of all gender-related programmes in the country, with special focus on women’s advancement and gender equality. It includes a comprehensive monitoring and evaluation framework with six priority areas.
The Registration of Customary Marriage and Divorce Act 2007: A public Presidential Assent ceremony was held at the State House in January 2009. The ceremony allowed for further awareness raising and mobilization of support for implementation of the law. Further consultations were held to prepare amendments. HRCSL is awaiting further action by the MSWGCA, MoJ and Parliament so that local councils and the courts can begin implementation.
Violence Against Women: An increased number of domestic violence complaints were filed with HRCSL in 2009; however, FSU reported a substantial reduction of complaints. 305 cases of domestic violence were charged to court, resulting in 15 convictions, though none under the Domestic Violence Act 2007; 777 were said to be under investigation, with another 425 ‘kept in view’. 134 cases were resolved, with one disposed of due to lack of evidence. Out of 1004 reported cases of sexual assault, 353 were charged to court, with 20 convictions. Four hundred and ninety-two cases remained under investigation, with 44 ‘kept in view’, 113 resolved and 2 disposed of due to lack of evidence. However, the IRC reported a 14% increase in use of Rainbo Centers. Of the 1,408 who were provided with services, 99% were female and 88% referred by the FSU. HRCSL participated in a variety of drafting, reporting, sensitization and advocacy activities regarding the Sexual Offences Bill.
Women’s Participation in Decision Making: The numbers for women in the cabinet fell, while those for deputy ministers, parliamentarians and female judges remained the same. The CGG organised a national conference to discuss the implementation of the 30% quota for women in leadership positions. There was an increased number of female aspirants for the Paramount chieftaincy elections; however, on several occasions women were unlawfully prevented or ‘persuaded’ from contesting paramount chieftaincy elections in contravention of the Chieftaincy Act 2009. Madam Torto of the Nimiyama Chiefdom, in the Kono District, became the first woman to challenge her disqualification using the Chieftaincy Act 2009. Her case was thrown out by the High Court on two occasions. After a homecoming ceremony in Koidu, Madam Torto was forced to return to Freetown due to death threats. HRCSL’s staff returning by road from Kono were attacked by members of the Poro Society. No police action has been taken. Madam Bandabila of Kissi Teng Chiefdom, Kailahun District, who succeeded in declaring her right to contest, complained of harassment and undue interference by the Deputy Minister of Internal Affairs. The Ministry intervened to postpone the elections and even attempted to cancel her candidature. Madam Bandabila’s application for redress is pending in the High Court.
The Bankole Thompson Commission of Enquiry: On March 16, a violent incident occurred around the SLPP Headquarters in Freetown, in which women reported sexually and physically assault by civilians, FCC police and SLP. Political tension over the issue escalated, such that UNIPSIL intervened to convene a reconciliation meeting between the SLPP and APC, which resulted in the signing of a communiqué. President Koroma appointed a Commission of Enquiry to determine whether there was prima facie evidence to charge those involved. The Commission concluded that the evidence presented would not sustain charges of rape, but that each victim was subjected to physical mistreatment which could be considered a violation of their human rights. The Commission also recommended that GoSL consider implementing mechanisms to better promote a culture of tolerance among political parties; that GoSL ensure adequate police deployment during such volatile situations; that GoSL consider investigating allegations of police bias; and that GoSL prioritize the problem of sexual violence. A cabinet subcommittee established to prepare the Government White Paper responding to the Commission’s report accepted its recommendations. However, the Commission’s report has been criticized by the SLPP, women’s groups and by certain sections of the public. Implementation of the Commission of Enquiry’s recommendations is still outstanding.
Recommendations on Women’s Rights: (1) Parliament should enact amendments to the Registration of Customary Marriage and Divorce Act 2009 and the comprehensive Sexual Offences Act. Related MDAs should develop a ‘Roll out Plan’ for implementation of the laws; (2) MSWGCA should expedite the participatory review process of the Matrimonial Causes draft bill; (3) The IG should dedicate sufficient resources to establish FSUs in every police station nationwide; (4) FSU should increase public outreach activities on reporting and prosecuting incidents of sexual violence; (5) FSU should work with SSL to improve data collection of violence against women; (6) GoSL should ensure completion of the Constitutional Review process to implement the minimum 30% quota and end all forms of discrimination against women; (8) IMC and SLAJ should organise capacity building sessions for journalists on reporting SGBV cases with regard to the right to privacy of victims and their families; (9) IRC should amend its procedures so that reports of medical examinations are provided to the victims and their authorised representatives; (10) the Ministry of Local Government should increase sensitization of politicians, Paramount Chiefs, and relevant ministry officials, regarding their roles and responsibilities in upholding the rule of law and encouraging full participation of all in politics.
Children’s Rights: The spotlight on women’s concerns overshadowed children’s issues. Pro-child initiatives seemed ad hoc, uncoordinated and superficial. Deep rooted poverty and persistent negative socio-cultural attitudes to children remained the greatest obstacles to the realisation of children’s rights. Abuse and neglect of children at home and in school by parents, guardians and care givers are the major causes of child violence in schools and public places.
Female Genital Cutting (FGC): In spite of widespread advocacy and sensitization against FGC, the practice continued. SLP met resistance from family members, the community, secret societies and figures in authority. The fact that many police officers are themselves members of the secret societies responsible for initiation makes investigation and prosecution of such cases more difficult.
Early Marriage: The practice is still prevalent, particularly in the rural areas. However, two cases brought to the HRCSL were immediately acted upon and the situation remedied through the effort of the police.
Teenage Pregnancy: According to a 2009 government Demographic Health Survey (DHS), over 40 percent of women, now between the ages of 25 and 29 had their first babies by the time they were 18, and 12 percent of them by age 15. Most girls in Sierra Leone drop out of school by age 15, mainly due to pregnancy. In Kabala, the Koinadugu District Council has instituted by-laws to punish boys who impregnate their schoolmates by requiring the boys to leave school until after the birth of their children. The Biriwa Youth Alliance for Development Organisation (BYADO) used virginity as a condition for award of scholarships to girls who stayed in school. Whilst the motives for such strategies may be good, implementation infringes on other rights.
Child Trafficking: The most common form of trafficking occurs when urban residents persuade rural parents to hand over their children for fostering with the pretext of sending them to school. The children are then used for child labour in homes and businesses.
Recommendations: (1) hold an honest community led national debate on FGC and related practices, with a view to reaching a consensus on how it should be addressed. (2) Civil society, religious leaders, and other human rights organizations should increase their sensitization on harmful traditional practices, particularly those relating to early marriage and FGC; (3) GoSL should reintroduce Family Life Education (FLE) in primary and secondary schools curriculum, to minimize the occurrence of teenage pregnancy.
Vulnerable Groups: According to Sierra Leone’s “Agenda for Change” 2008-2012, vulnerable groups constitute 60-70% of the country’s population. Although there is no clear definition of vulnerability in Sierra Leone, the term has been associated with women and children in extreme poverty, Persons with Disabilities (PWDs), People Living with HIV/AIDS, the Aged, and ethnic minorities.
PWD: Further review of the draft Disability Bill was completed to better align with the Convention on the Rights of Persons with Disabilities (CRPD), ratified in July 2009. However, further domestication of CRPD has been stalled, while health care services and facilities remain inaccessible to many PWDs. Polio has resurfaced in the Kambia District, though GoSL, with support of the Rotary International Club and WHO, initiated re-immunization of children under age 5. President Koroma, announced automatic scholarships for PWDs entering government and government-assisted tertiary institutions; however, GoSL did not publicize the conditions for accessing scholarships, nor were monitoring procedures put in place. GoSL also began pilot project on Inclusive Education in Kono and Koinadugu Districts, and provided brailled copies of primary school books for special needs schools around the country. However, there are still no provisions for use of sign language and Braille materials in court. PWDs reported that SLP frequently ignored their cases or demanded money before taking action.
The Aged: While the number of complaints alleging delay of benefits decreased, many retired government workers live in destitution due to inadequate government pensions. The Ministry of Employment and Social Security conducted a mass registration of beneficiaries in various parts of the country. This completed development of the National Social Protection Policy and Social Protection Policy Framework, expected to increase the number of the aged benefiting from government’s assistance. HRCSL recommends that the Ministry of Employment increase government benefits to maintain their value over time; that the Social Safety Net Programme be implemented more quickly; that GoSL use a human rights based approaches to develop a policy for addressing the needs of the elderly; that NASSIT encourage young people to prepare for retirement; that NASSIT investment be closely monitored to ensure the availability of funds in the future; that MSWGCA collaborate with traditional and community leaders to eliminate stigmatization of elderly people as witches; and that a national curriculum for schools incorporate the importance of having respect for the elderly.
HIV/AIDS: Approximately 1.5% of the population suffers from HIV/AIDS; among the 48,000 people infected, about 5,600 are children. The NAS Coordinating Unit lobbied for the amendment of the HIV/AIDS Prevention and Control Act 2007. Both public and private sectors took leading roles in the fight against HIV/AIDS, and there was an increase in the number of Anti-Retroviral (ARV) and Prevention of Mother-To-Child Transmission of HIV (PMTCT) centers around the country. HRCSL recommends that GoSL fast track the amendment of the HIV Prevention Act 2007; that MOH and NAS extend the HIV/AIDS awareness, prevention and control programmes to all sectors of society; and that MOH and NAS produce more materials on HIV/AIDS prevention for PWDs, especially those with visual and hearing impairment.
Youth:The major challenges confronted by youths are unemployment, lack of education and housing, access to justice, and lack of participation/representation in decision making processes. GoSL, through MESS, provided opportunities for youths to go to Iraq and Afghanistan to work in the security sector. Some people welcomed the initiative, though civil society organizations worried that the amount of money being offered was small, considering the risk that they would face. In June, the Ministry of Agriculture and Food Security announced plans to provide employment for youths in the agriculture sector but progress is unclear.
Youth and Politics: The commissioning of the refurbished Clock Tower in the east end of Freetown was marred by disorder between youths of the ruling APC, and the opposition SLPP, lasting from Feb - March 2009. APC youths allegedly vandalized opposition party headquarters, while SLPP youths allegedly attacked the nearby FCC office. This led to the intervention of HRCSL, the Center for the Coordination of Youth Activities (CCYA), National Youth Coalition (NYC) and other stakeholders. Parliament passed into law the National Youth Commission Act 2009 creating a National Youth Commission, a key recommendation of the TRC. However, the limited participation of youths in formal decision making processes was still not being addressed by government. HRCSL recommends that GoSL ensure the Youth Commission is both regionally and gender balanced; that GoSL provide the necessary resources to operationalize the Youth Commission; that political parties take a stand against all forms of violence, particularly violence against women and children, and implement strict disciplinary measures against its membership who are found to be guilty of supporting violence; that GoSL and the private sector collaborate to employ youths, and provide them with the necessary training to qualify them for employment; and that GoSL step up its effort to address drug abuse by youths.
