crc - sierra leone newsletter - oct-dec 2015

8/15/2019 CRC - Sierra Leone Newsletter - Oct-Dec 2015

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ISSUE 5 VOLUME 1 YEAR 2015

Sierra Leone Constitutional

Review Committee

● Sierra Leone CRC completes study tour toGhana

● CRC ends benchmarking study visit to Kenya.

● Africa Youths with Disability Network (AYDN)calls for stronger legislation

● Climate Change Consortium presentsposition paper to CRC

● Independent Police Complaints Board(IPCB) presents position paper to CRC

● Krio Descendants Union position to the CRC

● Natural Resources Governance andEconomic Justice Network (NaRGEJ)proposals to CRC

● Rastafarians call for the decriminalizationof Canabis sativa (Marijuana)

● CSOs present position paper to the CRC

● All People’s Congress (APC) makesproposals to the CRC

● Audit Service seeks more power from theConstitutional Review Committee (CRC)

● Native Consortium makes uniquepropositions to CRC

● VGGT presents position paper to CRC

● Sierra Leone women’s position paper -Many messages, one voice

● The Bar Association proposes changes tothe 1991 Constitution

● Centre for Accountability and Rule of Law(CARL) proposes to the CRC

● The position of the Child Rights Coalition

● Democracy, Sierra Leone makesrecommendations to CRC

● Paramount Chiefs demand a House of Chiefsand many more

● OXFAM proposes reformation on landtenure and sanitation in urban Sierra Leone

N HEADLINES

ierra Leone CRC completes study tour to Ghana

he Chairman, Executive Secretary, Chief Technical Adviser and 8 members of theonstitutional Review Committee (CRC) completed a study tour to Ghana where they metnd discussed with key governance personalities and institutions.

unded by the United Nations Development Programme (UNDP), the visit to Ghana took

ace from the 19 th -23 rd October, 2015. Each of the 8 sub-committees was represented ine interactive discussions that follow.

he purpose of the visit was to familiarise with the Constitutional Review Processes of that

ountry with a view to learning best practices in constitutionalism. Ghana which sharedmilar features with Sierra Leone recently completed their review process making it one of e best places to do comparative studies.

Ghana, CRC visited key institutions including the Constitutional Review andmplementation Commission (CRIC), Ministry of Petroleum and Power, Ministry of hieftaincy Affairs, the National Media Commission of Ghana, Ministry of Localovernment and Rural Development, Office of Attorney General and Minister of Justice,ational Development Planning Commission, Office of Speaker of Parliament, Ministry of and, Natural Resources and Mineral Commission, the Ghana Electoral Commission ande Sierra Leone High Commission in Ghana.

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CRC Members with the Deputy Speaker II of Ghanaian Parliament


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Sierra Leone CRC completes study tour to Ghanaver the years, Ghana has created strong institutions

nd implemented solid institutional basedevelopment approach upon which all theiruccesses are based. Unique among these is theeation of the National Development Planningommission.

he Sierra Leone Constitutional Review CommitteeCRC) benefited from the Ghanaian experience suchat it shaped their discourse at the plenary. Key

mong these is the creation of the Nationalevelopment Planning Committee which is chargedith the responsibility of not only mitigating abuse oraste of public funds but also protecting nationalvestments.

he invaluable knowledge gained from the study touras put the Constitutional Review Committee (CRC) inbetter stead to critically analyse recommendationsom the public with a view to making the bestcommendations for constitutional amendments.

he Ghana Study Tour by the Constitutional Reviewommittee was insightful as it gave first-handxperience to members on the process. It allowed forteraction and lessons learning from the Ghanaianocess. Institutions met were cordial and openfering suggestions to the Sierra Leon Team ontfalls to avoid.

he institutions met were mostly governmentstitutions and the team did not get the occasion toeet with Civil Society Institutions and Non-State

ctors who were involved in the Constitutional Reviewocess of Ghana.

ost importantly, the team did not get thepportunity to visit and meet with members of Ghanaational House of Chiefs.

is recommended that a follow-up study tour be

anned to get a better understanding of the Nationalouse of Chiefs structure as well as views andperiences of non-state actors.

he Sierra Leone Constitutional Review CommitteeCRC) is charged with the responsibility of reviewing

e Constitution of Sierra Leone Act No 6 of 1991 inndem with the report of the Commission to reviewe 1991 Constitution. In carrying out this function, theRC is mandated to use all practicable means to gatherformation including studying the Constitutions of her countries, visiting other jurisdictions, etc.

he 80 Committee was inaugurated on the 30 th July,013 and is expected to complete its work by March016.

CRC visit the National Development Planning Commission

CRC visit the Ministry of Lands and Natural Resources in Ghana

Chairman, CRC with the Deputy Minister, Ministry of Lands and Natural Resources, Ghana



CRC ends benchmarking study visit to Kenya

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Wako Draft attests to this. It follows that therelevant constitutional requirements thatpeople must be consulted at all governancedecision-making levels must be included. Thisalso means that public participationmechanism must be explicitly described in theconstitution.

2. Length should not be deterrence, if clarity canbe gained. It is very important to includeeverything the people want even if it meansthe document will be long. Kenya consideredthe Constitution lengthy, so the Committeeavoided details, which would have helpedavoid the emasculation of certainconstitutional provisions such as the Right of Recall (of non-performing MPs).

Kenya feels like it did not provide fadequate Parliament oversight, which hasseen the abuse and numerous attempts tocontravene the Constitution by legislators.

6. The Constitution must address issues nopersonalities or administrationOtherwise, this will limit the instrumentutility.

7. Enshrine all the peoples’ requirementirrespective of a government’s curreninability to deliver e.g. the economic andsocial rights. This is because once thrights and freedoms are in thConstitution, they become aspirations andthere is no going back.

8. Civic awareness - Kenya at various stagof the review process benefited greatlyfrom having intense civic awarenesinitiatives. But, the country has also learnt

unded by the United Nations Developmentogramme (UNDP), the visit to Kenya took place

om 26 th -30 th October, 2015.

he purpose of the visit was to familiarise with theonstitutional Review Process in Kenya with a view

learning best practices in constitutionalism.enya’s Constitutional Review process ended in010 and had gone 5 years into the implementation

their revised Constitution.

he visit to Kenya was conductedon completion of the study tourin Ghana. 8 CRC members drawnfrom the various thematic areasmade the trip to Nairobi.T

enya was chosen for a studysit because it reviewed the

onstitution recently, in 2010nd is currently implementing

e law. The visit provided anpportunity for learning aboute review process, and the

hallenges of implementation. Inddition, the country has had toapple with similar issue toerra Leone during the reviewocess such as land tenure

ystem, human rights,tizenship, and status of subational government.

Kenya, the team visited theinistry of Lands, Housing andrban Development, Ministry of nvironment and Naturalesources, Council of Governors,e Lands Commission,

to regret not creating a specifmandatory constitutionfunction among tindependent commissions tinform the public on thconstitution. The pubignorance of constitutionprovision means that therarely demand accountabilitfrom their leade

9. The document must explicit and provide clarE.g. stating that all monmust go to the exchequbut not outlining tconsequences of failure do so is dangeroDefinitions, so that thereabsolutely no doubt whthe people intende

3. Simplify the Constitution. The KenyanConstitution has been made very peoplefriendly by the reduction of the technicalitiesand the Latin terms. This is the first step in

inclusivity.

4. Must anchor the work of CRC in a legalframework. Kenya’s review bodies’ (bothCKRC and CoE) success has been attributedto the robust legislation for the reviewprocess that governed institutions of reforms and the stages and actors forreforms. There was no ambiguity.

5. Provide for sufficient checks and balanceamong the three arms of government.

This means that mandates of institutionmust be clearly defined to avoid thproblems Kenya experience with respect tthe land reform institution. NLC jurisdiction was not explicitly defined anthe Executive has clawed back all Npowers.

10. It is a fallacy to assume that an IndependenCommission will exercise power whgiven; yet the executive has residual powewhich they can use to enforce their position Thus must provide the independencommission’s implementation anenforcement powers.

11. Devolution brought representation closerto the people by decentralising. Thus ensurethat the devolved units are empoweredenough but deter secession talks:

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ational Commission on Human Rights, the Clerk Parliament, the Legal Committee of the Senate,

enya Transition Authority (which providesynergy between the central and localovernments), UNDP Kenya, Constitutionalmplementation Commission (created to

mplement all the provisions of the revisedonstitution), and the Office of thembudsman/Commission on Administrativestice.

ome of the key findings and recommendationse outlined below:

1. People-centred - sovereignty of the peoplemust be considered. The document must beby the people, and for the people. Kenya’s2005 constitutional referendum defeat of the

Kenyan Ombudsman with Chairman, CRC


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he Discrimination of persons living with disability is a common phenomenon in Sierraeone. This is aggravated by untold marginalization most times meted out by abledersons. Since the start of the Constitutional Review Process, the Committee has beenalvanizing support requesting citizens to make submissions for constitutional change.frica Youths with Disability Network (AYDN) capitalised on the opportunity to present aosition to the CRC by forwarding what they thought would end the long standingscrimination that has kept them unproductive for a while.

t a well-attended ceremony on the 25 th November, 2015 at the CRC Secretariat inreetown, the Group’s Leader in Sierra Leone, Seray Alpha Bangura noted that they wantronger legislations for the protection and promotion of disability rights in the country.

mong their demands for constitutional change are the following:1. Section 6 (2) – State shall discourage discrimination on the grounds of place of

origin, circumstances of birth, sex, religion, status, ethnic or linguistic associationor ties . Proposal include disability

2. Section 15 – whereas every person in Sierra Leone is entitled to the fundamentalhuman rights and freedoms of the individual, that is to say, has the right, whateverhis race, tribe, place of origin, political opinion, colour, creed, or sex but subject torespect for the rights and freedom of others. Proposal include disability

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frica Youths with Disability Network (AYDN) callsor stronger legislation

Group Leader Seray Alpha Bangura presenting on behalf of AYDN

CRC Newsletter - October - December 2015

CRC ends benchmarking study visit to Kenya

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that they are small enough to feel close but big enoughto feel important; large enough to be viable and fewenough to be representative.

12. Visionary leadership necessary for transformation.

The Sierra Leone Constitutional Review Committee (CRCbenefitted from the Kenyan experience. The invaluableknowledge gained from the study tour has put theConstitutional Review Committee (CRC) in a better stead tocritically analyse recommendations from the public with aview to making the best recommendations for constitutionalamendments.

CRC study to to Kenya

CRC study to to Kenya



Africa Youths with Disability Network (AYDN) calls for stronger legislationSection 22(2) (e) allows affirmative actionFor the purpose of affording special care andassistance as are necessary for the health,safety, development and well being of women, children, and young persons, theaged and the handicapped; and except in sofar as that provision or as the case may be thething done under authority thereof is shownnot to be reasonably justifiable in ademocratic society.Proposal – replace ‘persons with disability’ .

Section 27(2) Prohibition of discriminatorytreatment limited only to persons in publicoffice or public authority.Proposal – to extend this prohibition inboth public and private domain

Five (5) reserved parliamentary seats torepresent persons with disabilities and theirinterest through consultations/elections withthe persons with disabilities. There should bea member from each region plus one (1)female and the four other seats could becontested by women too.

Best practice from Uganda as their post warconstitution in Chapter 6 section 78-Composition of Parliament which states that;(1) Parliament shall consist of-(a) membersdirectly elected to represent constituencies;(b) one woman representative for everydistrict; (c) such numbers of representatives of the army, youth, workers, Persons withdisabilities and other groups as Parliamentmay determine and see section 68 subsections1 of the Malawi 1994 constitution which states

i. Uganda, and Malawi The Senate shallconsist of eighty members as follows: interestgroups, who shall include representativesfrom women's organizations, the disabledand from health, education, farming andbusiness sectors, and from trade unions;

Political parties must provide 5% politicalparty symbols to persons with disabilitieswhere their political parties strength are, orconstituencies that are winnable.

Parliament must ensure that any national lawmust have or make disability issues visibleand prominent.

. 5% of presidential appointments mustinclude persons with disabilities ascommissioners, Ministers, Deputies ministersand Ambassadors etc this must be a rightgiven to persons with disabilities it should notbe done on humanitarian grounds.

9. The rules of evidence and procedures must be reviewed by the rules of court committee to suitor be disabled friendly

10. There should be a disability unit in police and court to monitor rules of police investigation andcourt proceedings with persons with disabilities

11. There should be a law of imprisonment of persons and individuals who lead others intodisability intentionally.

12. All registered political parties must have a recognized body or disability units to promote theinterest of persons with disabilities at political party level.

13. Some of the fundamental human rights should not be suspended even under state of emergency should be clearly re-defined in the constitution.

14. The National Commission for Persons with Disabilities must be entrenched in the revisedconstitution; this is to ensure permanency and sustainability regardless of which president is ingovernance.

15. All organs of government should be mandated to provide annual report on the steps taken inthe realization of all state policies in accessible format to persons with disability

16. Health, Education and Shelter should be included in chapter 3 as human right issues.

17. Government must adopt inclusive education as a strategy for the education of persons withdisabilities

18. All government information and educational materials must be accessible to persons with

disability in such format as brail, audio and sign language.

19. Natural resource governance should be one of state objectives to ensure the promotion andprotection of young, aged and persons with disability.

20. We need a chapter on disability that will explain all these recommendations as expressed bypersons with disability in this position paper.

Group Leader Seray Alpha Bangura presenting on behalf of AYDN


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measures for every citizen to harness and practicea dynamic conservation culture.

Therefore, the natural resources managementpolicy of the State shall be:

· The conservation and wise use of landresources, the development of policy andlegislation on land ownership andutilization, gender mainstreaming, accessand benefit sharing.

· Democratizing the governance of thenatural resources management for thebenefit of all Sierra Leoneans

· The support and promotion of mitigationand adaptation measures to climate changeand its multiple effects

· The protection and promotion of theenvironment through measures to:- improve the quality of air and water insupport of human wellbeing. - reduce significantly all pollutants whichthreatened human life.- establish, strengthen and supportinstitutions and programmes for theeffective protection of the environment

● The comprehensive and regularinventorying of forestry resources for thedevelopment, enhancement and protection

· of these resources for knowledggeneration, social and economic benefits

· Support and promote the empowermentof citizens through relevant capacitbuilding measures and the provision ofresources to facilitate natural resourceconservation.

· Support and promote informationgeneration, sharing and access on naturalresources conservation at all levels osociety.

· To respect, support and promote national,regional and international treatiesconventions, protocols and agreements onnatural resources management andconservation”.

Consortium of civil societyorganizations, Climate Change,Environment and ForestConservation Consortium (CEF-CON) Sierra Leone has presented

a Position Paper to theConstitutional Review


Members of Climate Change Consortium during their presentation to the CRC

Climate Change Consortium presents position paper to CRC

A ommittee (CRC). In a short ceremony at theecretariat of the CRC on Friday 20 th November,015; the organization made the followingcommendations for consideration by the reviewommittee.

ECOMMENDATIONS

We recommend therefore, the inclusion of thender mentioned as chapter in the new

onstitution to reflect the overarching importancenatural resources conservation andanagement for the well being of society.

The state shall take the requisite measures toevelop, protect and promote the environment,ecies of flora and fauna throughout nationalrritory, maintain the ecological balance, ensuree appropriate location scale and scope of onomic activities and the development and wisee of natural resources, within the context of thespect for the basic rights and benefits of present

nd future generations. In so doing, the state shallncourage and support through various


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recommendations made by the IPCB isimportant because the success of a civilianpolice oversight mechanism requires thatsuch a mechanism not only have the abilityto carry out investigations but also to ensurethat its recommendations are implemented.

5. Establishing legislative accountability forreporting on the functioning of the IPCB-Theregulations do not place any obligation onthe IPCB to report to Government,Parliament or the Public. By comparison the

Human Rights Commission of Sierra Leone(HRCSL) has strict reporting obligations speltout in legislation requiring it to reportannually to Parliament.

6. Oversight of other ‘policing agencies’operating in Sierra Leone-the issues raisedabove, should in equal measure apply to theother two ‘policing agencies’ in Sierra Leone,viz: Chiefdom Police and “City Council Police”otherwise referred to as Metropolitan Police.

d public confidence in the police themselves.B believes that the Police unlike other agencies

government have certain powers which includepower to arrest and detain and the power to usee including lethal force where necessary.

IPCB proposed the following to the CRC:

. Identify the IPCB and its role within theConstitution itself- The Constitution is silentabout the role of both the IPCB and theHRCSL. Making provision for the inclusion of

the IPCB within the actual Constitution itself would serve to both strengthen and entrenchcivilian oversight of the police.

. The enactment of an Act of Parliament thatwill govern the functioning of the IPCB.-Whilethe regulations governing the establishmentof the IPCB are themselves relativelycomprehensive they do not carry the sameweight and status of an Act of Parliament andare more easily open to subsequentamendment by the Police Council. It maytherefore be necessary, in the longer term, forthe IPCB to have its own specific ACT.

. Ensuring that the responsibility for funding of the IPCB is clearly spelt out in legislation- Itmay be important that responsibility forfunding of the IPCB be clearly articulatedthrough legislative prescripts.

. Ensuring that recommendations made byIPCB receive adequate attention by stateactors-Addressing the legal standing of the

They argued that the inclusion of IPCB withithe Constitution of Sierra Leone would not onlyenhance and entrench the IPCB but would alsosend a strong message to both the Sierra LeonePolice (and other policing agencies and to thepublic regarding the Government and People’scommitment to ensuring the success of civilianpolice oversight. The inclusion of civilian oversight of the Policwithin the Constitution would also serve todemonstrate Sierra Leone’s commitment toreform and professionalizing the police, and to

ndependent Police Complaints Board (IPCB) presents position paper to CRC

he Independent PoliComplaints Board (IPCB) submitted a position paper tthe Constitutional RevieCommittee (Crecommending the inclusioof IPCB into the reviConstitution.

T


Krio Descendants Unionposition to the CRC

ince the call for submission of Position Papeto the Constitutional RevieCommittee (CRC) startedgood number institutions/organizations/individuals have be

S submitting their wishes and aspirations to theReview Committee.

The Krio Descendants Union made a number oproposals to the CRC including the following

● KDU is calling for a Constitutioprovision for immediate repeal of Cap 12and similar legislation.

● They support the strengthening of thehuman rights provisions entrenched inChapter 3 of the existing Constitution with

the proviso that this must not bextended to include same sex marriageand its variants.

● Measures should be used to strengthenkey institutions of state and to limit thinfluence of the President in staffing theseinstitutions

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IPCB making their presentation to the Chairman, CRC


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· KDU calls for enhanced property or residencrequirements for all nominees for election to thepositions of Mayor, Member of ParliamenCouncillor and Village Headman. This is the practicin some countries around the world. In addition, forall these categories, KDU calls for linearequirements (i.e the nominee should be anindigene of the area) as is the practice for somecategories of political representation in provincialareas.

· KDU joins with other groups, possibly including thParamount Chiefs themselves, in calling foParamount Chiefs no longer to have representationin Parliament.

· Remove the appointment of Judges of the SuperiorCourts of Judicature from the Executiv(Presidency) to the Judicial and Legal ServicCommission, subject to Parliamentary scrutiny andconfirmation.

a Position Paper presented to Sierra Leone’s Constitutional Reviewommittee (CRC), the Natural Resources Governance and Economicstice Network (NaRGEJ) categorized their wishes and aspirations in thellowing lines:

I. The constitution should vest the natural resources in the peopleand that government should act as trustees of the people in thatrespect. The exercise of co-ownership of natural resources (localcommunity people and government) will lead to bettermanagement and beneficiation to the people.

I. The Principle of transparency, uninhibited access to justice andpublic participation in the development of policies, laws, projects,plans and processes for the management of land, the environmentand other natural resources should be effectively utilized.

I. The principle of inter-generational equity and sustainableutilization of natural resources for economic transformation &diversification should be applied.

Krio Descendants Union position to the CRC

The retirement age of Judges of the Superior Court of Judicature tobe seventy years and extensions thereafter for not more than twoyears subject again to further parliamentary approval.

The role of the Attorney General to be restricted to that of Government Principal Legal Officer. The Office of the Minister of Justice to be divorced and separated from that of the AttorneyGeneral.

The President should not serve more than two consecutive terms of 5 years.

Holders of dual citizenship not to be eligible to contest for thePresidency or for appointment to Cabinet

· Independent candidates to be able to vie for the Presidency and allowedto contest Presidential Elections

· Only a simple majority (50% + 1) should be required on the first ballot towin Presidential Elections

· Presidential Elections to be held on fixed calendar dates. NationalCensus to be held in time so as not to delay elections

· Parliamentarians should not be appointed as Cabinet Ministers

·

The requirement of the President as a part of the National Legislature(Parliament) to be discontinued

Natural Resources Governance and Economic Justice Network (NaRGEJ)proposals to CRC

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Krio Descendants Union presenting their position paper to the CRC

Official presenting the NaRGEJ position paper


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Natural Resources Governance and Economic Justice Network (NaRGEJ)proposals to CRC

9 CRC Newsletter - October - December 2015

IV. The applicatio n o f the ‘pollut er pays the co st principle’ sh ould beput into eff ec t.

V. Observance of soc ial and cultura l values, tradit ionally applied byany community in Sierra Leon e for the man ag ement of la nd , theenvironmen t or natural resources in so far as the same arerelevant an d are not r ep ugnant to justice and m orality in anywritte n law should be considered .

VI. The principle of internation al cooperation in the manag ement of land, the environmen t and natura l resources where suchresour ces are share d with other s ta tes or whe re manageme ntme asures in o ne state m ay have ad verse or po sitiveconsequence s in another st at e should be ap plied.

VII. The pr ecautionary ap proach wh ich requires application o f prec autionary p rinciple, env ironmental & social im pactassessment an d that wher e there are t hreats of ser ious orirreversible damage, lack of full scientifi c certainty sho uld not beused as a reason for postponing cost effective measures toprev en t new or c ontinuing en vironmental de gradation an dsocial conflicts.

VIII. The principle that exigencies of sound e nvironmentalprese rvation should b e integrate d in all develo pment plann ingan d managemen t

IX. The princ iple that for e very aspect o f environmen ta l planning,policy and managem ent must be identified wi th specific leg aland institutional f ramework, w hether exist ing or new, f or itsimplementati on and that P arliament is ob liged to en act onewhere non e exists.

X. The right to a cl ea n environm en t should b e included in theconstitution. Su ch a provision would deal e xpansively wit h issuesof environm ental rights a nd duties as w ell as with co nservationand sus ta inable use o f natural reso urces for the developmentinter es ts of presen t and future ge nerations.

XI. The right to a clean envi ronment shou ld also deal with non-award of costs ag ainst perso ns who bona fide , pursue c ases inthe public in te rest, waiver of fees in publi c interest case s, creationof the of fice of public defender of en vironmenta l and humanrights , granting of h igh court or s up reme court , suo moto (on it sow n motion) , jurisdiction to order investigation anddeterminatio n of cases o f environme nt and huma n rightsviolations .

XII. We also propose a constitutiona l mechanism for implement at ionof environme nt al treaties a nd that the c hief executiv e of thenational en vironmenta l manageme nt authority is givenconstitu tional protect ion.

XIII. Improve the a ccessibility of information o n and monito ring of natural reso urce concessi on s and use.

XIV. Improve transpare ncy of and acc ountability of n atural resou rceuse at the sub-n at ional and na tional levels.

XV. Provide a dditional sup po rt to the go vernment and civil societygroup s implementi ng the Extra ct ive Industri es Transparen cyInitiative to stren gthen countr y reporting pr ocesses, partic ularlyaround the i ssues of trans fer pricing an d commodit y tradingpractices

XVI. Develop ing new reve nue transpar en cy models in natural re sosecto rs. This would initially involve de veloping cou ntry-ltran sparency p rogrammes, with the po ssibility that internatiostandards m ight be develo pe d later. A ke y immediate fo cus would bethe need to develop t ransparency m echanisms t o cover the f lowassoci at ed revenues .

XVII. Regulations should inclu de a framew ork for com pensation aresettleme nt that is ce ntered on th e long-term livelihoods o faffecte d families. It should in clude as a requirement tripaneg otiations b et ween com panies, loc al commun ities, go vernments. Land users sh ould be includ ed in allocatio n decisionsleases and licenses for m ajo r operation s.

XVIII. Land use should b e an importan t consideratio n for any proje ct as thare many comp et ing uses for such lands. In th e final analy sis, sustainadevelopmen t must be key to making ce rtain decision s on exploitatSustaina ble developm en t can be de fined as the p ursuit of all ac tivthat w ill lead to sus ta inment of t he wealth-gen erating poten tial ofcommunity that depends on t he exploitatio n of the resou rces.

XIX. Considera tion may nee d to be given to the alloca tion of govern mresour ces in some p roportion com mensurate w ith the contri bu tiothe national eco no my from th e areas explo ited. This cou ld especiapply to area s most affect ed by environ mental and social problewrought b y such econom ic activities.

XX. Women, youths an d vulnerab le groups sho uld be inclu de d in consultative p rocesses dealin g with natura l resources.

XXI. All stakeholders invol ved in natural re source gov ernance requi re sform of capacity b uilding and tra ining, but the needs vary. Bu ilding society’s capac ity to effective ly engage in an d contribute to governaprocesses is fundamentall y important.

XXII. To implement natu ral resource go vernance a ct ions it is ne cessarfully understand how rights, la nd tenure and resource use are definelegislation an d policy.

XXIII. Gover na nce principl es should refle ct local cultur al practices an d val

XXIV. Greater dem ocratization, including respect for human riparticipati on , and accou nt ability, is an ot her prerequ isite for sustainnatural resource that benefits local people.

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NaRGEJ Members during their presentation



Rastafarians call for the decriminalization of Canabis sativa (Marijuana)

cuts across persons from all discipline, status andage, it is also very clear that over the years,Marijuana has become the subject of open abuseand huge economic loss.

Rastafarians all over the world as indicated above,have a personal, spiritual relationship with theMarijuana and have been deeply concernedabout its misuse by misguided persons in society.

“We Rastafarians believe in the concept of equal

right and justice, and it is for this reason andothers put together that we are calling for thedecriminalization and judicious use of theMarijuana”.

The 1991 Constitution of Sierra Leone guaranteesfreedom of worship and association.Rastafarianism is a religion on its own, and asstated above, the Marijuana is pivotal in allRastafarian worship for it represents the HolySacrament.

MARIJUANA AS AN ECONOMIC REJUVENATOR:Marijuana has several uses. According to research,some of the most expensive fabrics in the worldare manufactured from the Marijuana plant. Thiscreates a fantastic opportunity for export in anorganized and state-controlled manner.

CONTROLLING MARIJUANA FOR ECONOMICAND JUDICIAL USE

A move from regulating to controlling theMarijuana could be a strategic one indeed.

Controlling Marijuana will take different formfrom the growing, marketing and consumption.

With the decriminalization of the Marijuana andthe effective control of it, growers will now haveto obtain license and will be under obligation tosell their products to the state in quantitiesmeant only for export. This no doubt will tacklthe issue of rampant planting, marketing andsmuggling of the Marijuana.

With a license system in place, growers of thMarijuana will now have to work in corporationrather than individually as is currently the case This will create room for limited but expandedgrowing sites.

Marketers of it also have to be licensed to ensurethat no one deals in it illegally. This wautomatically reduce the number of marketers.

The Office for Marijuana Control under which wbe a special task force responsible for rapidmonitoring and enforcement, would beestablished by an act of parliament.

RECOGNITION OF RASTAFARIANS AND THRELIGIOUS RIGHTS

As stated above, the 1991 Constitution of SierraLeone provides for freedom of association. Astated above also, Rastafari is a relegion on itown, with membership spread across the world.

The Holy Scriptures in Numbers 6:5 states “All thdays of the vow of his separation there shall norazor come upon his head: until the days befulfilled, in which he separateth himself unto theLORD, he shall be holy, and shall let the locks the hair of his head grow”.

All over the world including here in Sierra Leonecountless number of children are borndeadlocked. Wearing dreadlocks is a way of lifeand this must be respected because it reflects anassociation with the Almighty Jah Rastafari and

Africanism.

Carrying dreadlocks is spiritual, and is a religioubelief. Why frown at something that waordained by the Creator of Heaven and Earth andall that is therein?

There are instances of discrimination againspersons with dreadlocks in public schools andcolleges in the country. This must be legallydiscouraged because the constitution of the landspeaks very strongly against such.

a Position Paper presentation ceremony at the

ecretariat on 30 th November, 2015.

lad in unusual regalia with dreadlocks longnough to touch their hips, the Rastafarians wereetermined to stamp their rights into the revisedonstitution.

he Rastafarian Movement of Sierra Leone (Twelveribes of Israel (TTI), Bobo Ashanti, Wise men frome East and Willing Souls) submits as folllows:

here should be “religious tolerance expressed ine practice and observance of our religious rights”hould be added to section 24 (3) of the 1991onstitution.

effect, to fulfill Chapter III (24) of the 1991onstitution, the reviewed constitution mustucially consider the following to enhance theotection, preservation and promotion of eedom of Conscience as a right- based goal.

CALL FOR DECRIMINALIZATION:

iving the preamble above, it would be too naïve toontinue to consider the Marijuana (herb) as anegal substance. Apart from the fact that its usage

onsistent with its objective of giving voice to everyone in theongoing Constitutional ReviewProcess, the ConstitutionalReview Committee (CRC) hostedmembers of the Rastafarian

Movement in Sierra LeoneC

Rastafarians presenting to the CRC


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Natural Resources Governance andEconomic Justice Network (NaRGEJ)

proposals to CRCXXV. The Constitutio n should be cle ar on the data base of our na tu ral

resources.

XXVI. There should be a tr an sformation and developm ent fund fromna tu ral resource revenue and q uota for yout h and women

XXVII. A conflict resolution m echanism suc h as Alternati ve DisputeResolu tion should be put in place

XXVIII. A provision s ho uld be inc luded on fair taxation of na turalresources a nd clear acco un tability man agement.

XXIX. That GST should b e paid by com pa nies

XXX. That the lea se period be b rought to 25 t o 50 years inst ea d of 99years

XXXI. That the land ra te paid by com panies be eq uitable

XXXII. There sho uld be a clear dichotomy be tw een transit ional periodand cl osure of comp anies

XXXIII. Our natural re source be pri or itized

XXXIV. Land u se planning sh ould be inclu de d

XXXV. There should be a fair di stribution of profit from n aturalresource b et ween men a nd women

XXXVI. Prov ision should be made for capacity bu ilding of you ngpeo ple on natu ral resource go vernance thro ugh the creat ion of training inst itutes.

XXXVII. There should be a c lear policy on resettlement or relocation of

af fected commu nities in minin g areas

CSOs present position paper to the CRC


Civil Society Activists representing various interests were determined toimprove the rule of law and correct the wrongs that are militating against theprogress of the nation. After much consultation, they developed a position

paper proposing amendments to the 1991 Constitution which is under review. The presentation took place at the Constitutional Review Committee (CRC)

Secretariat in Freetown on Thursday 26 th November, 2015. Their burnidesire to right the ills of society through the Constitutional Review process wasevident in the content of the position paper.

Two position papers, one developed by over 150 Civil Societies and anotherthat captures the wishes and aspirations of ordinary citizens who might nothave the opportunity to participate in the activities of the CRC.

Valnora Edwin, the Executive Director of Campaign for Good Governance saidthat CGG has a mission to give a voice to citizens. She said that some of the

issues they presented were not new but were true reflections of theaspirations of the people.

Abu Brima speaking on behalf of Network Movement for Justice andDevelopment stated that the processes that led to the production of thepropositions were inclusive and participatory.

The Civil Society Organizations proposed the following:

The establishment of a Constitutional Court to resolve all issues relating tothe Constitution, amendments to the qualifications to become a SupremeCourt Judge, separation of the Office of Attorney General and Minister of Justice, the constitution must clearly state the conditions under which a

sitting Vice President may be removed from office; the entire Section 27 mustbe expunged from the current Constitution; the expression “supremeexecutive authority” must be removed totally from Constitution; basichuman rights must be accorded to everyone in the country not only citizens.

Receiving the Position Paper, the Chairman of the CRC, Justice EdmondCowan thanked Campaign for Good Governance (CGG) and other CivilSociety Organisations for putting the paper together. He assured them thatthe CRC would consider their aspirations but cautioned that it was noteverything that would be captured in the new Constitution.

CSOs during their presentation

CSOs during their presentation


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n line with the demands of the Constitutional Review Committee (CRC) for inputs from members of the public, the All PeoplesCongress (APC) Party submitted a 10 point proposal for constitutional change. The following were the views presented:

● To enhance respect for the emerging principle of some form of limits to presidential terms, but without violating theright of any citizen to run for political office of his or her choice, we propose that nobody shall be eligible to serve asPresident for more than two consecutive terms. However, such persons may be eligible to contest for presidentialelections after an intervening term. No person shall be permanently barred from running for the political office of hisor her choice. Some of the world’s greatest democracies from Britain to Australia, Germany and Japan do notpermanently bar citizens.

● The 30% quota representation for women

● Ethnic and regional diversity should be reflected in the civil andpublic service

● The President must continue to appoint the Chief Justice inconsultation with the Judicial and Legal Service Commission

Presenting the position paper to the Chairman of the CRC, SecretaryGeneral of the All Peoples Congress (APC), Amb Osman FodaYansaneh remarked that the APC felt obliged to present a paper to theCRC at a time when the Constitution was being reviewed.

Receiving the paper, Justice Edmond Cowan assured that the CRCwould thoroughly look into the proposals of each group/organisationfor constitutional change but cautioned that it was not everything thatpeople proposed that would be incorporated into the revisedConstitution.

All People’s Congress (APC) makes proposals to the CRC

● In order to ensure accountability of a Vice President to thePresident, the APC proposes that the President may indicatewhom he wants to serve as Vice President and could removehim/her whenever he comes to the conclusion that the VicePresident lacks the requisite loyalty, capacity etc. to continue toserve as his or her principal assistant.

● The President and Vice President should be members of a

political party and that should be a continuous requirement● They also recommended maintaining the 40 years, reducing

the 55% threshold to win the presidency to 50% + 1

● They also want Ministers to be appointed from amongmembers of Parliament. No less than a third of ministers may bechosen from among parliamentarians.

● The want the retirement age of Judges to be extended from 65to 70 years

APC Secretary General Alhaji Osman Yansaneh presenting their position paper to the Chairman, CRC

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Audit Service seeks more power from the Constitutional Review Committee (CRC)

The Audit Service Sierra Leone, the supreme auditinginstitution in Sierra Leone has submitted a positionpaper to the Constitutional Review Committee (CRC) on

Wednesday 25 th November, 2015. The event took placat the Secretariat of the CRC in the presence of theChairman of the CRC, Justice Edmond Cowan and the

Auditor General, Mrs Lara Taylor Pearce.

Charged with the supreme responsibility of auditing theaccounts of the Government of Sierra Leone, ASSproposed changes to the extant Constitution includingthe following:

● That a qualification be set to the persons whoare to hold the position of Auditor Generalpreferably someone with over 10 yeaexperience as an accountant.

● That amendment be made so that fundsprovided for the people of Sierra Leonthrough Non-Governmental Organisations(NGOs) and International Non-GovernmentaOrganisations and other InternationaOrganisations be audited by ASSL.

● That the Constitution be amended to allow theAudit Service to be making the Annual Reporpublic and publishing it as soon as it is tabled inParliament.

● That the annual budget of the Audit Serviceapproved by Parliament shall be protected andnot be changed by the Executive.

The Audit Service agreed with many of the existingprovisions of the current Constitution.

Justice Edmond Cowan responding to the position of Audit Service thanked them for responding to the pleaof the CRC for institutions and organisations to proposechanges for the revised Constitution. He remarked thata lot of effort would have been put into the submissionof the agency. He noted that the revised Constitution

must reflect the aspirations of the people.


Auditor General, Mrs Lara Taylor Pearce presenting position paper to the CRC

Members of the Audit Service during their presentation


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Native Consortium makes unique propositions to CRC

That the voting method is upgraded to Biometric voting to ensure free and fairelections with clear outcomes.

We recommend that a semi-presidential system of Government is adopted by the newconstitution wherein the President will appoint a Prime minister from the party withthe highest majority in parliament who will wield and exercise executive authority inaccordance with the National Constitution. However, the President will still be thecommander in Chief of the Armed Forces.

We recommend that a ceremonial style of Presidency be adopted as it offers a betterscope for transparency and accountability. We further recommend that a referendumbe held on each President at the expiry of his/her tenure and if he/she loses thereferendum he/she will not be entitled to any pension or benefits.

We recommend that an economic crimes commission be set up that focuses on the

effective use of asset declarations and monitoring for all public servants.

All Payment and/or receipt above Twenty Five million Leones (Le 25 Mil) should bepaid through the bank account of those individuals to promote transparency, so theBank can generate accurate information to track any excesses or fraudulenttransaction. This will reduce the work on the anti corruption commission because itwill serve as a deterrent for corrupt public officials.

6. We recommend that to enable any elected CeremonialPresident to serve as a symbol of National Unity he mustnot be a member of Political party. Hence he shouldresign his political party immediately after s/he wins anelection.

7. The term of office of the ceremonial President should beone term of seven years.

8. The Prime Minister shall not run for more than 2 5-yearterm limits. When there is temporary vacancy in theoffice of the President, the Prime Minister can act andthe Chief Justice can deputize until due elections arebeen conducted.

9. At the time for the Prime Minister and MP electionsthere should be a 30 days cooling off period, whenaggrieved parties or National returning Officers shallpetition their complaints to the Supreme Court.

10. The Supreme Court should be well equipped to addressthese complaints within the 30 days before the finaldeclaration of result. Therefore we are stronglyrecommending that we have at least 9 Supreme CourtJudges to be on the bench as 5 can sit on a matter as andwhen necessary. If for any reason all 5 cannot sit, theycan request for a judge from the appeal court.

11. The National returning officer should not have any rightto nullify results unless the Supreme Court has lookedinto the matter and given their verdict within the 30days cooling off period. This will lay to rest the postelections problems that led to the landmark case inGhana by Nana Kuffour Ado for example, and SierraLeone in 2012. This new constitution shall address allthose loops holes.

12. All substantive ministers should be elected Members of Parliament. Only MPs are eligible to be ministers anddeputies. This would help reduce mediocrity, benchwarmers, and clappers in the house of Parliament.

13. We also recommend a 60 member upper house of representatives. This body shall be formed by religiousleaders, retired generals, retired senior servants, civil

society representatives, journalists, retired auditorgenerals and Inspector Generals. Chiefs may only go toParliament on the basis of proportional representation. This upper house cant make laws but can influence laws.

14. We strongly recommend that the number of Membersof Parliament required to trigger impeachmentproceedings on allegations of misconduct be reducedfrom 50% to 10% and further the categories of misconduct be properly defined in accordance withsection 40 (2). If those bringing the impeachmentproceedings fail they will lose their seats in Parliament.

he Native Consortium and Research Centre (Native Think Tank) haspresented their position to the Constitutional Review Committee (CRC)encapsulating the changes they want in the reviewed Constitution.Some of their recommendations are catalogued below:T


Native Consortium and Research Centre Official presenting to the CRC


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The nature of the review process, Justice Cowan went on, is a person driven exercise. In other words,the wishes and aspirations of the people of Sierra Leone must take pre-eminence. “Sovereigntybelongs to the people from whom government through the Constitution derives its autonomy andlegitimacy.” The CRC Chair concluded.

member of the VGGT Technical Working Group,onkita Conteh intimated the Chairman andembers of the Constitutional Reviewommittee (CRC) that VGGT constitute annprecedented international agreement onsponsible governance of tenure aimed at

elping governments safeguard the rights of eople to own or access land, forests andsheries. He disclosed that the guidelines outlinerinciples and practices that governments canfer to when making laws and administeringnd, fisheries and forests rights.

their Position Paper to the CRC, the Multitakeholder platform of the VGGT proposes asllows:

That the Constitution recognises that landand natural resources, like sovereignty, vest inthe people of Sierra Leone and must be usedor exploited in their interest.

That the Constitution recognises that theright to land/property is enjoyed by everySierra Leonean without discrimination on thebasis of gender or other status.

That rules of customary law, statute orpractice that discriminate in themselves or intheir effect on the basis of gender or otherstatus, particularly in relation to access, useand control of land and inheritance are void.

That the Constitution protects andguarantees economic, social, cultural andenvironmental rights in accordance withSierra Leone’s international rights obligations.

ustice Edmond Cowan, CRC’s Chairman inceiving the Position Paper commended theeam from Food and Agricultural OrganisationFAO) for the invaluable contribution to theonstitutional Review process adding that suchontribution would lend credence to the process.

Whilst assuring that the CRC would consider theirpirations for inclusion into the revised

ocument, he cautioned that it was notverything that people requested for that woulde included in the revised Constitution.

VGGT presents position paper to CRChey came with the VoluntaryGuidelines on theResponsible Governance of Tenure of Lands, Fisheriesand Forestry in the Context of National Food Security(VGGT) and were eager to seetheir aspirations reflected inthe revised Constitution.

T


A member of VGGT Technical Working Group presenting position paper

Members of VGGT Technical Working Group during their presentation



Sierra Leone women’s position paper - Many messages, one voice

lidarity backed by celebrations.

ecommendations were divided into general andematic as seen in the following lines:

● The Constitution should be dedicated to aHigher Supreme Being

● Gender neutral language to be used in theConstitution (should refer to she as well as heor preferably (s)he.

● Constitution to be in simple language,accessible and available to all even those notliterate in English

● The Constitution should give equalrecognition and respect to all forms of marriage BUT Early and Child Marriage andsame sex marriage to be expressly prohibited

● Right and access to land and naturalresources guaranteed equally to women andmen across Sierra Leone

he presentation ceremonyattracted women from far andwide. Convinced that theiraspiration would be reflected inthe revised Constitution, thewomen displayed a show of

T Chairman, CRC making his statement during the presentation

● Section 27 (4)(d) and (e) to be expunged

● Constitution to include a minimum 50% (Fifty percent) Quota for women’s participation at alllevels in Public and Private sectors and spheres

● Male and female citizens to have equal rights to confer citizenship on spouses and on their

children

Other recommendations included those on principles of state policy, human rights, citizenship, theExecutive, legislative, judiciary, local government, land, natural resources and information,education and communications.

Participants at the presentation



The Bar Association proposes changes to the 1991 Constitution

the presence of the Chairman of the Constitutional Reviewommittee (CRC) Justice Edmond Cowan, the President of theerra Leone Bar Association (SLBA), Ibrahim Sorie and

olleagues read portions of their position to the Reviewommittee.

mong the thematic areas presented for consideration by the

RC included the following: reforms to the tenure andualifications of Judges of the superior court of judicature, thexecutive, human rights and state policies, separation of powernd the Office of the Speaker of Parliament.

t is our position that the mandatory age of retirement for allstices of the Superior Court be extended to 70 years whilst stillaintaining a voluntary age of 65 years,” noted the Barssociation in their paper.

he Association believes that the qualification to be appointedJudge should be restricted to only persons who are entitled to

actice as Counsel in a Court having unlimited jurisdiction invil and criminal matters in Sierra Leone and the newonstitution should not make provision for persons who are notntitled to practice law in Sierra Leone to be appointed Judges.

he Bar Association holds the view that Sierra Leone maintainse two term limit of 5 years tenure for the presidency whetherose terms are consecutive or not. They also want to see amitation to the use of ‘executive orders’ and ‘supremexecutive authority’ by the President.

ther recommendations included the right to food, theonstitutional abolition of the death penalty, the removal of mergency laws from Chapter 3 which deals with fundamentalghts, the elimination of contradictory clauses from theonstitution including Sec 27(4)(d and e).

eceiving the paper, CRC Chairman, Justice Edmond Cowanmarked that the Committee would thoroughly look their

ocument for constitutional amendment but cautioned that itas not everything that they have asked for that would beviewed on the grounds that the revised document mustflect the aspirations of the people generally.

Chairman, CRC receiving position paper from the President, SLBA

Members of the SLBA at the presentation


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Centre for Accountability and Rule of Law (CARL) proposes to the CRC

● The right to life must be amended toincorporate the principle that the right to lifeis inviolable

● The death penalty should be totally abolishedfor all offences

● CARL submits that the clauses on personalliberty in the 1991 Constitution be simplifiedto read as follows-“No person shall bedeprived of his personal liberty without dueprocess of law.

● The new constitution should guaranteea number of civil rights and protectionincluding the right to privacy, protectionagainst search and seizure and thprivacy of correspondence

● Social and economic rights must b justiciable

● Provision should be made in the revisedConstitution for the treatment oprisoners

● All emergency measures should bsubject to judicial review by the courts oSierra Leone

● CARL also recommends the setting up oa constitutional court to arbitrate alconstitutional matters for a vibran

constitutional jurisprudence

● The Office of the Attorney General anMinister of Justice should be separated

CARL made a number of other proposals foconstitutional change, among these were theretention of the two terms of five yearsrecalibrating the balance of power among thethree arms of government, the repeal of Sec27(4)(d)(e) among many others.

● Seek a consensus on a set of national valuesto form the basis of the new constitution

● The new Constitution should have asimplified section on citizenship

he Centre for Accountability and Ruleof Law (CARL) presented thefollowing recommendations forconstitutional amendments: in aPosition Paper presentation

ceremony at the Secretariat on 30 th

November, 2015.

T


Chairman, CRC receiving position paper from the Executive Director, CARL

ACTION AID presenting to the Chairman



he Child Rights Coalition, Sierra Leone presented the following for inclusionthe revised Constitution

● A provision that assigns a legal practitioner at the State’s expense to all

detained persons who cannot afford it.

● A provision that grants the right to challenge the lawfulness of anydetention

● People should not be barred from exercising freedom of mobilitybecause of their lack of access to travel documents. They should beconstitutionally provided with the means to access these rights andlawfully practice them.

● Freedom from slavery and forced labour, protection from inhumantreatment, protection from deprivation of property, protection for

privacy of home and other property

● Provision to secure protection of law, protection of freedom of conscience, protection of freedom of expression and the press

● Protection of freedom of assembly and association, protection fromdiscrimination

● There should be a separate section that guarantees children their rightsas children

● Other areas of concern included children’s right to citizenship, familycare, non-maltreatment, protection, education and other governanceprotections.

The position of the Child Rights Coalition

Child Rights Coalition presenting position paper

Democracy Sierra Leone, a local Civil Society Organisation (CSO

presented a position paper to the Constitutional Review Committee (CRC)highlighting changes that they desire in the revised Constitution. Thesewere their proposals:

● A second House of Parliament should be set up

● Sec 77(1)(k) of the Constitution of Sierra Leone Act No 6 of 199must be reviewed

● Parliamentary elections to be held every 6 years

● Some of the appointment responsibilities of the President shouldbe reduced and transferred to the new house for senior citizensand traditional leaders.

● Power distribution arrangement of 60/40 between northwestand southeast should be entrenched

● The Office of Attorney General and Minister of Justice should beseparated

● All political parties should have at least 2,500 registered voters ineach district before they are allowed to function

Democracy, Sierra Leone makesrecommendations to CRC

Democracy Sierra Leone presenting position paper



● Section 74(1)(a) of the 1991 Constitutionmust be revoked

● The NCPC proposes establishment of National House of Paramount Chiefs as thebest alternative and appropriate mechanismby which to secure a recognized nationalvoice for advising on matters relevant totradition, custom and the institution of chieftaincy, while at the same time enforcinghigh ethical standards for chiefs.

● NCPC proposes that the current process of electing Paramount Chiefs and sub-chiefs byElectoral College of chiefdom councilors beretained

● The revised Constitution must provide thatchiefs continue to hold office for life, except

in cases of resignation or removal. Thisposition should be an entrenched provisionin the Constitution.

● The power to remove a chief from officeshould not vest in the hands of the Executivealone, but that a decision on removal fromoffice should be made by a tribunal with rightof appeal to the Court of Appeal.

● Any chief wishing to actively support political party, seek election to Parliamenor accept appointment to a political officeshall resign his office

● The composition of the Judicial and Leg

Service Commission should be amended tinclude two PC representatives nominatedby the NCPC

Justice Edmond Cowan, the Chairman of thConstitutional Review Committee (CRC) thankethe PCs for putting together such a wonderfuposition paper. He assured them that the CRCwould consider their position but cautioned thatit was not everything that they requested thatwould be amended in the Constitution.

he pomp and pageantry thatfollowed the presentation of theposition paper of the NationalCouncil of Paramount Chiefs leftmany in awe. Such is theseriousness attached to thepaper that all 149 PCs attended

T e ceremony at the Miatta Conference Centre.heir resolve was primarily to overhaul thestitution of chieftaincy in Sierra Leone bygislation.

esenting the position paper, the Chairman of CPC, PC Charles Caulker said that they recognizede long and illustrious service undertaken byaramount Chiefs within the legislation of Sierraeone since colonial times, especially in theuilding of the independent nation of Sierra Leone.

he recommendations of NCPC are indicated asllows:

The amended Constitution must distinguishclearly those provisions that relate to theinstitution, and those that relate to the officeof the Paramount Chief.

That Parliament shall have no power to enactany law that in any way detracts or derogatesfrom the honour and dignity of theinstitution of chieftaincy

Paramount Chiefs demand a House of Chiefs and many moreChairman, NCPC presenting position paper to the Chairman, CRC



To curb this situation, they recommended thatservice providers

● Adopt the theory of change model for policyinfluencing on land use, water and sanitation

● Upgrade existing land laws and develop an‘Informal Settlement and Land use Policy’

● Raise awareness to influence and change

behavior on land use and slum/informalsettlements

● Embark on de-densification of highlycongested slum settlements

settlements located in urban and peri-urbanareas in Sierra Leone.

The dissatisfaction expressed by about 60% of land owners was that they have never beinginvolved in decision-making on land fordevelopment purposes. Lack of follow-up, weak monitoring systems, misinformation and poorplanning in the entire arrangement for serviceprovisions were also highlighted as majorproblems associated with service providers.

Social cohesion on the other hand, seems tohave been shattered in most of thesecommunities as observed from mixed viewsabout the entire social organisation of communities covered. Disunity amongcommunity members, embezzlement andmisappropriation of development funds bycorrupt leaders, and disorganized communitygroups were observed to be some of the rootcauses of weak cohesion and lack of communitybuy-in for WASH service provisions in urban andperi-urban Sierra Leone.

● Promote ‘Upgrading and Self-helSchemes for slum settlements

● Strengthen social structures and promotecommunity driven WASH projects

● Review and upgrade urban WASprogramming to address new challengesobserved in the research

● Ensure women’s right to land ownershipand their full participation/involvementindecision-making on water ansanitation

OXFAM proposes reformation on land tenure and sanitation in urban Sierra Leone

XFAM commissioned aresearch to understand landtenure/ownership issues(including policies, laws andpractices) overwhelming theprovision of WASH relatedfacilities in slum/informal

O OXFAM making their presentation to the Chairman, CRC

Representatives from OXFAM and CRC Secretariat during the presentation



SLYEO demands 10% quota youth representation in governance

The Society for Lea rning and Yea rning for Equa l Opportunitie s (SLYEO)have presented their position to the Consti tu tional Revie w Committee(CRC) requesting the inclusion of the 10% q uo ta for you threprese nt ation in g overnance po sitions amon g other issu es ascata logued below :

● The Government a nd people of S ierra Leone m ust do everyth ing

in their powers to ensure this is given the u tm ost priority .

● The new constitution clearly defin e citizenship a nd amend th e“as an d when ap plicable” clau se in section 9(2)(a) which ta lksab out Govern ment Eradic at ion of illite racy by dire cting itseducation al policy tow ards achievin g free Senio r SecondarySchoo l education to “education for all”.

● Political part ies should pr ovide space for youth to serve ascandidate in their stron g holds and P PRC must en sure that it iscodifi ed

● Subject to th e provision o f section 64 (1 )(b) that gives pr iority forParamou nt chief mem bers in parli am ent, the sa me provisionmus t be included in the new Constitution for the yout h atparliament and at local coun cil levels.

● In othe r to enhance y ou th employm ent, young p eo ple yearn fo rthe am endment o f the Labour Act /Law of Sierra Leone in ot herto capture th e aspirations of young peo ple without p remisingnumber o f years of j ob experienc e. Therefore in other toaccom modate these aspirations, i t is recommen ded that you ngpe op le be accord ed the oppor tu nity of seeki ng job experie nce atthe qualifying and final stag es of their stu dies/training.

● Sectio n 14 be amen de d to; “ funda mental state p rinciples shal l be just iciable wher e they exist a de liberate neg lect amidst av ailableresources”

● All you th represen ta tion on the Board of Pa rastatals, Stee ringCommittee to be drawn from the District Y outh Council - DYC’s,

● There s ho uld be a cl ea r definition of roles of Ministry of Yout hAffairs (MOYA). The National Yo uth Commiss ion (NAYCOM) AndPresidential Y ou th Aid and ba sed on the revised youth policy of 2014, all DYC’s should be established a nd managed b y MOYA andon this grounds; all d evelopement f unds should be managed by

the DYC’s at district level,

● In relatio n to section 13 paragraph 6, political party loyalty speltout a s part of those loyalties whic h loyalty to th e state overrid es,

● Discriminati on must incl ud e age cate gory and M ed ical andHealth f acilities for all citizens be pri oritized,

● Facilities for vulnerable g roups in all public and privateinstitutions eg Rams for PWDs and Hou sing faciliti es be givenutmost consideration .

SLYEO representative making their presentation


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TEDEWOSIL advances proposals forreligious tolerance in the revised

Constitution“The protection of the welfare of the aged (60 years and above) is a humanrights issue.” Older women and men have the same rights as everyone elseand their equality does not diminish with age. Human Rights are held by allpersons equally, universally, and forever.”

These were the words of Deacon Tamba Gbenda, the Director of the SaloneOrganization for the welfare of the aged in their position paper to the

Constitutional Review Committee (CRC). Among the recommendationsproffered were:

● Free health care facilities to cover the aged

● Geriatric wards to be provided in every district hospital

● Training of Geriatric Specialist nurses

● On financial security, they recommended the provision of monthly financial subsidy to vulnerable aged

● Free transport for the elderly on Government transportationsystem

● Free housing facilities for very vulnerable aged

● Provision of resource and recreational centres for the aged

● CRC must not legalize same sex marriage in Sierra Leone

● Social protection policy to be enacted into law

● A National Policy on Ageing to be developed by law

● A National Commission for the aged to be established

● The aged should be given priority in queues

● Physical assault on the elderly must be criminalized

The CRC received the paper and promised that they would look into theirwishes and aspirations and where necessary would incorporate theirdemands into the revised Constitution.


Salone Organization for the welfare of theaged makes recommendations to CRC

Representative from TEDEWOSIL making her presentation

An aged representive presenting recommendations to the Chairman, CRC

923

their desire to ensure complete religious tolerance in the country, thehorough Empowerment and Development for Women and Girls in Sierraeone (TEDEWOSIL) submitted a position paper to the Constitutionaleview Committee (CRC) for inclusion in the revised Constitution.

mong their aspirations were:

● That there should be distance between churches and mosques inevery community

● That dates and worship times should not clash

● That the loudspeakers used for revivals are very loud and cannot betolerated

● That no denomination should speak evil against the other-meaningeveryone must mind their business

● That office should not discriminate against ladies covering theirbodies

ishop A. J. Cole noted that Sierra Leone should enact laws or code of ethicsprotocols that would ensure that religious tolerance is protected, upheld

nd enhanced. Such laws he said, should engender strife between the twoain religions, Islam and Christianity

he document that slates religious bodies under the Ministry of SocialWelfare, Gender and Children’s Affairs should be revisited.

eligious holidays should be observed without masquerades. “We cannotlow any idolatrous culture to becloud or contaminate the propheticgnificance of Christian holidays / Religious holidays.



● Right to access justice including fair hearings/trials in courts orinstitutions and services

● Right to free legal services particularly in complaints relating toviolation of rights

● Right to adequate means of livelihood and suitable employment andfair labour practices

● Right to equal participation in decision making bodies andinstitutions including right to belong to political parties

● Right to family including right to marry a person of the opposite sex

N Women joined many other organisations to present aPosition Paper to the Constitutional Review Committee(CRC) for an amendment of the 1991 Constitution of SierraLeone. Among the issues presented for review were:

● Right to equality with men in all spheres and freedomfrom discrimination. The women urged for the

UN WOMEN presents women’s choice in the constitutional reform process

U complete repealing of Section 27 of the Constitution and adoption of the recommendation of the last Constitutional Review Commission.● Right to affirmative or temporary measures to ensure that womenrealize their rights. Such measures would include the 30% quota at localand national levels.

● Right to free education particularly basic education

● Right to free health care services including reproductive health care

facilities/services

● Right to reasonable standard of sanitation and clean and safe water

● Right to property including right to land and property required duringmarriage

● Right to equality with husband in marriage

● Freedom from forceful cultural practices including forced marriage andinitiation into secret society

UN WOMEN presenting women’s choice to the Chairman, CRC



WANEP proposes a National Infrastructure for peace

The West Africa Network for Peace-building, Sierra Leone(WANEP-SL) in partnership with Civil SociOrganisations (CSOs) working on peace and security, theacademic community and traditional authorities in SierraLeone presented a position paper to the ConstitutionalReview Committee (CRC) with a view to paving a roadmapand strategies towards the establishment of anInfrastructure for Peace in Sierra Leone.

They saw the ongoing Constitutional Review Process asan opportunity to legalize this all important humanattribute.

Presenting their position paper, the National Coordinator,WANEP, Edward Jombla said they thoroughly reviewedthe nature and character of Infrastructure for Peace in

light of international models of best practices and were

advocating for the establishment of a National PeaceCommission whose composition shall include state and non-state actors with a gender balanced citizens of moral, legaland civic responsibility to address national reconciliation andpeacebuilding challenges and whose composition shall alsoreflect the district, chiefdom and community characters of Sierra Leone.

They argued that such an institution shall havetransformative roles and responsibilities to peacebuildingwhich shall address all types of violence, whether direct,political, structural, economical or cultural in both public and

private sectors; and which in turn requires the support fromthe government and citizens of Sierra Leone.

WANEP presenting position paper



Sub-committees present proposed zero draft reports to the Plenary

Sub-committees on various thematic issues have presented a proposedfirst draft report containing recommendations to the plenary of theConstitutional Review Committee (CRC). The events which started in thelast week of November 2015 ran through the weeks leading to theChristmas Holidays.

In their presentation, the Chairman of the Legislative Sub-committee,Justice Tolla-Thompson dilated that the terms of reference of their sub-committee was to review the legislative sections and the section relatingto the representation of the people. They endorsed a number of recommendations including the uniform age for contesting and voting,the decentralisation of the Commissioners of the National ElectoralCommission (NEC), the terms and conditions of service of NECCommissioners, two terms for all NEC Commissioners

Presenting on behalf of the Land, Natural Resources and the Environmentsub-committee, the Chairman, Yoni Emmanuel Sesay highlighted thatthey have developed series of recommendations based on thesuggestions by members of the public.

All natural resources rights must be made justiciable by making themfundamental rights. The subcommittee recommends that marineresources and fisheries be merged into one section.

In their presentation, the State policy, human rights and citizenship Sub-committee made a number of recommendations. Among the issuesdebated were the justiciability of state policies, proposed new Chapterthat is titled, Media Freedom and Independence,

CRC plenary session

Judiciary Sub-committee Representative, Justice Eku Roberts presented theirendorsed recommendations which includes increasing the composition of the supreme court to 7, Court of Appeal to 9 and the High Court to 15. The Judicial and Legal Service Commission shall appoint the Chief Justicefrom among persons qualified to hold office as Justice of the Supreme Court

subject to the approval of Parliament. A robust mechanism should be put inplace that will allow the Judiciary financial autonomy and ensureindependence.

On the issue of Information, Education and Communications (IEC) the Sub-committee propounded the independence and freedom of the media, thecomposition of the Independent Media Commission (IMC) and many otherissues.

On the Executive, the sub-committee recommends the change of the term‘supreme executive authority’ to “chief executive authority.” The Presidentshall no longer be exempted from personal taxation and a fixed date forelections.

Most of the issues presented were thoroughly debated by the sub-committees prior to the production of the draft report. A validation processwould be carried out, on completion of the First Draft Report. On completionof the validation process, the Final Draft Report would be produced andpresented to Government.



Sub-committees present proposed zero draft reports to the Plenary

CRC Plenary Sessions

Sub-committee meeting - IEC

Sub-committee meeting - Executive Sub-committee meeting - Judiciary

CRC Plenary Sessions


28/28

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Sanaullah Baloch Mohamed Faray Kargbo Maimunatu MassaquoiChief Technical Advisor Information & Outreach Web Specialist/Computer SupportUNDP, Sierra Leone CRC CRC

crc - sierra leone newsletter - oct-dec 2015

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