Human rights issues came to the limelight particularly after World War II. The scourge of the war was so outrageous that it prompted nations of the world, especially those states that were involved in the war to find ways in order to prevent the human suffering that characterized the war.
Jamesina King, Commissioner, HRC-SL
As a way of ensuring that the world becomes a better place for humanity with fewer incidences of human rights violations, the United Nations formulated the famous Universal Declaration of Human Rights which outlined various aspects of human rights.
Countries which are signatories to the UN Charter affirmed their commitments to the Universal Declaration of Human Rights. Sierra Leone, being a member of the UN, has been making efforts to march with other countries in protecting human rights, thus the framers of the 1991 Constitution of Sierra Leone enshrined in Chapter III those human rights issues that are fundamental in maintaining a cohesive and peaceful society. This constitutional provision can only be implemented if there is (are) institution(s) that can monitor violations and abuse of various human rights. This necessitated the establishment of the Human Rights Commission by an Act of Parliament in 2004.The Human Right Commission is mandated, among other things, to protect, promote, monitor human rights and to receive complaints of human rights violations and abuse and report on those abuses and violations. At the international level, the UN is charged with the responsibility of reviewing the human rights records of about 192 countries every four years; a process that is referred to as the Universal Periodic Review (UPR).
The review process assesses the extent member states respect and meet their human rights obligations that are contained in the United Nations Charter, The Universal Declaration of Human Rights, human rights instruments (covenants, conventions and other treaties) to which the state is a party, voluntary pledges and commitments made by the state and applicable international humanitarian law.
Each country is reviewed every four years. In line with this, a delegation from Sierra Leone, comprising Human Right Commission officials led by the Attorney General, was in Geneva in May 2011, where the country was reviewed by the UN.
At the Conference, Sierra Leone received 129 recommendations, of which 57 had either been implemented or under implementation. The government accepted 44 recommendations and promised to review 28 others. Among the 28 recommendations that were to be reviewed by the country were those on the abolition of the death penalty, repeal of criminal libel laws, enactment of Freedom of Information Bill and the establishment of an independent police board. After a nationwide consultation, the government accepted almost all 28 recommendations except the one on discrimination on the basis of sexual orientation.
In a bid to implement the recommendations of the UPR, the Human Rights Commission in partnership with the Government of Sierra Leone, UNIPSIL and OHCHR, recently organized a two-day National Conference at the Bank of Sierra Leone Complex aimed at developing a roadmap and strategies for the implementation of the UPR recommendations on Sierra Leone. The Conference attracted over two hundred participants from civil society organizations, traditional and religious leaders among others. The highlights of the workshop included thematic presentations on the UPR recommendations by various speakers from government Ministries, Departments and Agencies (MDAs), international and local organizations. At the end of the various presentations, five working groups, compromising various participants, were formed with a view to assessing and reviewing the UPR recommendations.
Human Rights Commissioners listening to complaints from Executives of the Disabled
One of the five topics of that was discussed focused on “Measures and Institutional Mechanism for Economic, Social and Cultural Rights, Poverty Reduction and Sustainable Development”. Earlier, whilst delivering the Keynote Address, His Excellency the President, Dr. Ernest Bai Koroma spoke glowingly about his government’s human rights records since he took over in 2007. He mentioned, among others, that: “The evidence is out, Sierra Leone has turned round the corner, a culture of rights is taking hold, there are no political prisoners, no person has been executed in this country since 1998 … we are promoting the social rights of vulnerable women and children through our free Healthcare Initiative, review of seditious libel laws is in my government’s legislative agenda”.
Truth to be told, these are commendable strides when considering the human rights situation of the country, but let us put the socio economic rights, poverty reduction and sustainable development component into perspective. An assessment of the above situation will urge one to realize the obvious in the country. Making the presentation on the above topic, Messrs Alfred Carew and Abu Brima noted that when it comes to issues of human rights in Sierra Leone, the emphasis is more on civil and political rights rather than on socio economic and cultural rights, which are prerequisites for poverty reduction and sustainable development. Chapter III of 1991 Constitution is detailed on civil and political rights compared to socio economic and cultural rights. Human rights cover diverse aspects such as civil and political, socio economic and cultural rights. A good number of Sierra Leoneans think little of their socio economic and cultural rights, and pay a lot more attention to civil and political rights. In both private and public discussions, one would hear citizens arguing about their rights to certain issues, but when one carefully listens, it all centers on civil and political rights.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly. Signatories to the treaty, including Sierra Leone, commit themselves to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of July 2011, the Covenant had 160 parties. A further six countries had signed, but not yet ratified the Covenant.
The ICESCR is the primary international legal source of economic, social and cultural rights. The Covenant recognized, among others, the right to an adequate standard of living, including the right to food and the right to housing (Article 11).
Intergovernmental organizations and non-governmental organizations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. While all human rights are said to be "equal, indivisible, interrelated, and interdependent", the monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that for civil and political rights.
International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights, and there are few lawyers who have the knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitution.
Member states have a legal obligation to respect, protect and fulfill these rights. The exact nature of states' obligations in this respect has been established principally in relation to the ICESCR. State parties to the ICESCR are required to take "progressive action" towards fulfillment of the ICESR rights. Many of these rights include specific actions which must be undertaken to realise them Member states have a legal obligation to respect, protect and fulfill these rights. The exact nature of states' obligations in this respect has been established principally in relation to the ICESCR The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect.
State parties must abolish laws, policies and practices which effect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures.
Arguably, remarkable achievements have not been made in third world countries like Sierra Leone as regards taking measures in realizing socio economic rights, compared to civil and political rights. Let us put this again in perspective. Though the free HealthCare Initiative is laudable as mentioned in the Human Rights Commission 2010 Annual Report, it still falls short of ensuring that the vast majority of citizens are captured under the scheme. Above that, the scheme covers only basic drugs. Whilst delivering his Keynote Address at the UPR review meeting in Freetown, the President went at length in explaining his human rights records, which to a very large extent, covers civil and political rights with only a reference to one aspect of social rights.
The bulk of the citizenry in the country are living below the poverty line as indicated by the UN Human Development Index. The standard of living is nothing to write home about; poverty is prevalent, with galloping inflation amidst the devaluing of our currency against the US dollar. People can hardly sustain themselves, much less save resources. Jobless youths still permeate our towns, posing a potential threat to peace and security and a recipe for chaos. There is yet a functional national programme to address this massive joblessness.
Article 11 of the (ICESCR) recognizes the right of everyone to an adequate standard of living. This includes, but not limited to, the right to adequate food, clothing, housing, and "the continuous improvement of living conditions.” It also creates an obligation on parties to work together to eliminate world hunger. The right to adequate food is interpreted as requiring "the availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture." This must be accessible to all, implying an obligation to provide special programmes for the vulnerable. The right to adequate food also implies a right to water.
The right to adequate housing, also referred to as the right to housing, is "the right to live somewhere in security, peace and dignity.” It requires "adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost." Parties must ensure security of tenure and that access is free of discrimination, and progressively works to eliminate homelessness. Forced evictions, defined as "the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection", are a prima facie violation of the Covenant.
Considering the above, the reality in Sierra Leone is different. Access to potable water is a pipe dream for more than half of the country’s population. A casual stroll around Freetown will shock one into disbelief, seeing children queuing at street pumps and drainages with jelly cans fetching water. Access to affordable housing is farfetched. Right to affordable housing is another serious challenge for most Sierra Leoneans. Thousands of people, including children are homeless. Many more are cramped in makeshift houses; in slums especially in the city, whilst others spend the night in the streets in front of shops and on market tables. There is hardly any state policy toward affordable housing for the population. This is unacceptable, and requires urgent action to help bolster the country’s human rights credentials.
The Human Rights Commission’s efforts to protect, promote and report the status of human rights in the country are commendable, but they should go a step further to ensure that state policies are directed towards socio, economic and cultural rights. By so doing, poverty reduction is sure to be achieved. Upholding and promoting humans should not be selective; it should embrace all aspects of human rights which will conform to universal norms and standards. The government’s efforts at accepting and implementing the UPR recommendations are commendable. One of the essential elements in attaining the Millennium Development Goal is for the government to direct state policies towards promoting more socio economic rights. That way, the country’s human rights picture may look better.
Last Updated on Thursday, 16 February 2012 03:30
