PRESS STATEMENT ONE MONTH BEFORE THE ECOWAS COURT HANDS DOWN A JUDGMENT IN THE EBOLA CASE, SURVIVORS HIGHLIGHT GOVERNMENT’S LACK OF COMMITMENT TO THEIR JUSTICE NEEDS.
Freetown, 10th April, 2023: The Centre for Accountability and Rule of Law (CARL) and its co-plaintiffs wish to remind the general public that the ECOWAS Court of Justice will on 10th May, 2023 deliver a judgement in the case filed against the Government of Sierra Leone in respect of the mismanagement of Ebola response funds.
The public would recall from previous media engagements by CARL and other interested stakeholders, including the Sierra Leone Association of Ebola Survivors (SLAES), that strong efforts have been made in the last 5 years to resolve the matter through a negotiated settlement. Those efforts were initiated after The New Direction Government Transition Team (GTT) report recommended an urgent out- of-court settlement of the matter.
As a result of the Government of Sierra Leone’s clear lack of firm commitment to a comprehensive out-of-court settlement, even after meeting with CARL, SLAES, and other stakeholders at Lakka, Freetown in August 2021, the ECOWAS Court of Justice was left with no option but to order that the matter be heard and determined on its merit. Accordingly, the matter was heard on 13th February, 2023 and judgment was reserved for 10th May, 2023.
As frustrating as it is, we remain committed to a just and fair resolution of this matter because it involves the lives and welfare of vulnerable, long-suffering Sierra Leoneans. For this reason, we have continued to draw public attention to our various efforts and how the Government of Sierra Leone has responded to this action since it was instituted in 2017.
As we await the decision of the ECOWAS Court of Justice, CARL and its partners want the Government of Sierra Leone to recognise that Ebola survivors have suffered too much already and are vulnerable Sierra Leoneans. We firmly believe that, irrespective of the nature of the ECOWAS Court decision scheduled for 10th May, 2023, and conscious of the forthcoming elections, the Government of Sierra Leone should make a firm commitment to support all Ebola survivors to regain their health and dignity as well as opportunities for education, skills training and restoration of livelihoods.
“I am very disappointed that successive governments have chosen to ignore and neglect we the Ebola survivors as if we were responsible for the calamity that befell us”, said an Ebola Survivor, after the hearing before the ECOWAS Court of Justice hearing on 13th February, 2023.
CARL, SLAES, and all their partners are still open to discussion and willing to settle the matter should the Government of Sierra Leone choose to engage before the Court hands down a decision on 10th May 2023.
We bring you our weekly update for the week ending 25th March 2023. These updates are part of the electoral justice and security projects currently implemented by CARL and funded by the Government of Ireland and OSIWA.
AHEAD OF THE JUNE 2023 ELECTIONS, ELECTION MANAGEMENT BODIES EXPRESS COMMITMENT TO UPHOLD ELECTORAL JUSTICE, AMIDST CALLS BY POLITICAL PARTIES FOR A MORE EFFECTIVE AND INDEPENDENT SECURITY AND JUSTICE SYSTEM
Freetown: 27th March, 2023:
On March 23, 2023, key election management bodies in Sierra Leone reaffirmed their commitment to adhere to electoral justice standards before, during and after the 2023 multi-tier elections. Organised by the Centre for Accountability and Rule of Law, with funding from the Government of Ireland, the seminar brought key electoral stakeholders to discuss the progress made since the 2018 elections in strengthening Sierra Leone’s electoral justice system. Speaking at a seminar on the state of Sierra Leone’s electoral justice system, representatives of the Electoral Commission for Sierra Leone, the judiciary, the Political Parties Regulation Commission (PPRC) and the Sierra Leone Police (SLP) underscored the importance of conducting the forthcoming elections in line with the country’s electoral laws and policies, pointing out that a peaceful and credible outcome of the forthcoming elections is critical to strengthening Sierra Leone’s recent democratic gains.
Whilst speaking on behalf of the judiciary, Justice Monfred Sesay said additional measures have been taken to ensure speedy and effective resolution of election-related complaints. In addition to the establishment of electoral disputes management tools, he said the Election Petition Rules, 2007 has been revised to include, among other things, procedures for filing petitions against presidential elections. He said the judiciary will ensure that all electoral complaints are resolved speedily, and in any case, within four months for all electoral complaints or petitions.
The representative of the Electoral Commission for Sierra Leone, Commissioner Abu Bakarr Koroma, said the Commission has made significant efforts to improve its capacity as well as the standards and quality of elections, pointing out that there have been electoral law and institutional reforms since the 2018 elections in line with the recommendations of election observer bodies. He said the institution has been transparent in its management of the electoral process so far, adding that they are pleased with the financial support from the government of Sierra Leone ahead of the 2023 elections. He said the Commission has been largely funded by the Government of Sierra Leone to conduct the 2023 elections.
Speaking on behalf of the Political Parties Regulation Commission (PPRC), Chairman Abdulai M. Bangura commended parliament and other stakeholders for amending the PPRC Act to expand the powers of the Commission, stressing that they are now better placed to regulate the conduct of political parties, resolve both intra and inter-party disputes, and ensure effective oversight. He said only three political parties are currently functional, and warned that parties that are in breach of the PPRC will be barred from participating in the forthcoming elections. He said the three functional political parties include the ruling SLPP, opposition APC and the National Grand Coalition.
Speaking on behalf of the Sierra Leone Police, AIG Brima Jah said the police remain fully committed to providing security for the electoral process, adding that a Military Aid to Civil Power (MAC-P) regime will be implemented before, during and after the elections. He said there have been significant efforts to improve professional standards in the police, and acknowledged the support of the Government of the United States of America in training the police on election security management. He said an Incident Command Center has been established as part of preparations for the elections, and urged electoral stakeholders, including political parties and civil society, to support the police in ensuring free, fair, and violence-free elections.
Representatives of political parties, including the All People’s Congress and the National Grand Coalition, expressed concerns about delays in distributing voter identification cards and the apparent lack of professionalism and independence of the police in responding to public order issues and electoral offences. The representative of the APC particularly requested access to the Electoral Commission’s voter management database, challenged the independence of the security sector, and questioned the proposed votes tallying procedure announced by the ECSL, which he said is in violation of the Public Elections Act, 2022. The representatives of the ECSL and the Sierra Leone Police denied the allegations, stating that they will conduct elections strictly in line with the electoral laws of the country and that the police have always acted professionally and will continue to do so before, during and after the 2023 elections.
We bring you our weekly update for the week ending 18th March, 2023. These updates are part of the electoral justice and security projects currently implemented by CARL and funded by the Government of Ireland and OSIWA.
The Executive Director of the Centre for Accountability and the Rule of Law (CARL), Ibrahim Tommy ESQ, on 16th March 2023 delivered a public lecture to students of the Fourah Bay College on the topic, “Benefits of an Effective Electoral Justice System and Opportunities for Reforms Ahead of the 2023 Elections in Sierra Leone”
The public lecture, coordinated by the Ministry of Political Affairs of the Fourah Bay Students’ Union Government, focused on the scope of electoral justice, challenges confronting its effective administration in Sierra Leone, progress in addressing those challenges and recommendations for reforms.
Mr Tommy also spoke extensively about the meaning and benefits of an effective electoral justice system. He gave practical instances of electoral disputes or complaints over the last decade, including petitions against election results, controversies around the censuses and the Proportional Representation electoral system, and delimitation of boundaries, amongst others. Regarding the challenges that confront our the country’s electoral justice system, Mr. Tommy identified delays in resolving election disputes, an enduring perception gap between citizens and the justice system, limited investment in alternative dispute resolution mechanisms, ineffective investigation of electoral offences, and limited knowledge about pathways to accessing justice.
He spoke about some notable progress in recent years, including legal reforms in the election laws and rules, speedy resolution of an election-related suit by the Supreme Court, and increased commitment by the GoSL to fund the Electoral Commission, among others.
Mr. Tommy made a number of recommendations for improving the administration of electoral justice in Sierra Leone, including the fair and expeditious resolution of election-related complaints, an independent and professional security sector, increased funding to formal electoral justice mechanisms and alternative dispute resolution bodies, among others.
Mr. Tommy said the most practical way of ensuring a peaceful or violence-free electoral process is more robust of and effective electoral justice system. He concluded by urging students, regardless of their course of study, to take an interest in the effective administration of justice and rule of law.
