by ibakarr | Aug 11, 2016 | Uncategorized
Children, they say, are the next generation of leaders in any nation and therefore should be treated with the utmost care, attention and protection by older members of their various communities. They are perceived as being vulnerable in many respects; they are considered inexperience to make sound decisions that would help shape their adult lives. Thus, governments the world over are duty-bound to pass legislations that would ensure that the rights of children are fully protected. In light of this legal and moral obligation, the Government of Sierra Leone in 2007 enacted the Child Rights Act; a law geared towards protecting and promoting the rights of children in all parts of the country. However, since the passing of the said Act, very little has been achieved in terms of guaranteeing that children’s rights are truly protected. The enforceability of some of the provisions of the Act has been dismal. Apparently, law enforcement officers have not been fully following the exact provisions of the Act in executing their statutory duties. The problem is more acute in the rural areas where the overwhelming majority of residents use the local court system. The continued problem cannot be divorced from the ignorance on the part of both the court officers and court users in the rural areas about some of the provisions of the Child Rights Act. Hence, this article, focusing primarily on Bo district will highlights some incidences of gross violations of children’s rights in courts. It will also make a case for a thorough sensitisation drive of the Child Rights Act, particularly targeting stakeholders in the District.
Article 70 of the Child Rights Act 2007 states that ‘‘in any judicial proceeding in Sierra Leone, a child shall not be held to be criminally responsible for his actions if he is below the age of fourteen years’’. However, series of actions relating to the treatment of children in the Bo District especially in the local courts prove otherwise. There have been systematic violations of the rights of children said to be in conflict with the law in the region under consideration almost on a daily basis. In the local courts, children below the age of ten (10), who, according to law, bear no criminal responsibility, are held criminally liable for acts done whether intentionally, recklessly, or negligently. Once a child has been accused of a criminal conduct, the age of the child in question is hardly taken into consideration in order to determine whether the alleged suspect is in fact capable to face criminal prosecution or not. Most often the court officers would hold the accused in custody at their whim and are only inclined to release on the behest of a senior court officer or local chief. This practice has become very alarming in both the city of Bo and its environs. A case in point is the arrest and subsequent trial of a boy below the age of ten by the Town Chief in the Ngelehun village Badga Chiefdom in Bo District. The boy was accused of having killed a goat belonging to one Andrew Hindowa of the same community by stoning. The Town Chief tried the boy, found him guilty as charged, and was asked to replace the goat. The Chief also asked the boy to pay the investigation cost amounting to the tune of two hundred and nineteen thousand Leones (Le 219,000 an equivalent of US$75). The accused, for obvious reasons, was unable to honour the judgment of the Town Chief. However, an uncle of his, one Solomon Hindowa, claimed responsibility to honour the Chief’s verdict by replacing the goat; but he however, refused to pay the expenses incurred during the investigation into the said matter. In his quest to recover his expenses, the complainant took the said matter to the local court No. 1 in Bo city in order for the Court to determine whether or not the uncle of the accused was liable to pay the said expenses. Bizarrely, the Court ruled that the uncle was obliged to pay the investigation expenses although it was reduced to ninety-five thousand leones (Le. 95,000 US$ 30), which the uncle did.
The ruling of the Court in the said matter is worth commenting on as it sets a bad precedent in the administration of justice in rural communities in the Bo District. Firstly, the Town Chief has no statutory mandate to determine disputed questions of law; in other words, he had no jurisdiction to have presided over such a matter; and secondly, that even if he had, it was wrong for him to have put the boy on trial since the age of the boy exonerates him from any criminal responsibility no matter how heinous. This practice of chiefs holding courts, and putting on trial of children who bear no criminal responsibility should be nipped in the bud if the rural poor and vulnerable, particularly children are to be protected in the administration of justice.
Another incidence of overt violation of a child’s right was demonstrated in the case held at the local court No. 1 in Bo city involving a man called Morie Lamin (complainant), and a fourteen year old girl. Mr. Lamin reported the defendant to the local court officers for allegedly illegally harbouring his daughter. The defendant (the fourteen year old girl) was taken into custody immediately after the report was made and two count charges were proffered against her: illegal harbouring; and inciting, to which the defendant entered a plea of not guilty on both charges. The defendant was asked to pay a sum Le.65, 000 (US$ 59) to dispute the complainant’s case and court charges or else she would be held in custody until the other day. The fourteen year old girl could not pay the said sum and true to their word, the girl was detained until the following day. She was however later released on bail and asked to report to the Court with the money in a week’s time. The week elapsed without paying the money and the girl was re-arrested and detained for days. She has been released on bail again since the courts are not in session for now owing to the death of the Paramount Chief of Kakua Chiefdom. The case would be decided in court after the internment of the paramount chief.
A very serious abuse in this case was that the Court, upon arrest and subsequent detention of the girl child, failed to inform the parents of the girl about her involvement in a matter before the Court. This practice violates Cap.44 which states that “[w]here a child or young person is charged with any offence, the court may require the attendance of his parent or guardian and may make such orders as are necessary for the purpose.” In addition, the girl was held under inhumane conditions despite the fact that she was pregnant.
The violations of children’s rights undermine the rule of law in theses communities and by extension the country at large. Majority of Sierra Leoneans, most especially in the rural areas fall under the jurisdiction of customary law, and traditional systems remain the major avenue for redress of violations of rights or law. As such, local courts authorities should be au fait with the basic guarantees and safe guards that the laws accords members of the community especially those that relate to children. Passing legislations protecting the rights of children can only have meaningful effect if the provisions are implemented accordingly. Therefore, it behoves stakeholders, particularly those involve in child rights issues to embark on a massive sensitisation drive in rural communities in an effort to popularise laws relating to children’s rights. Through this method, the rights of children would not only be in theory but most importantly, being put into practice.
by ibakarr | Aug 11, 2016 | Uncategorized
Introduction
The new Sexual Offences Bill is now a hot topic of debate after it was unveil by the Ministry of Social Welfare, Gender and Children’s Affairs during the 2008 16 Days of Activism Campaign, which is held every year between November 25 and December 10. The 16 days of activitism is hosted to draw attention to the violence suffered by women and girls and to demand an end to abuse. This is as result of the fact that the incidence of cases reported on sexual assault is on the increase and if stringent laws are not put in place to tackle this menace, the impact will be disastrous. There are reported cases of rape almost on a daily basis with children as young as 1 year old being abused. In a report issued by the International Rescue Committee, it stated that over 1,000 reported cases of sexual assault were reported in 2007. 896 of the victims sought legal action against their attackers. By the end of the year, only 13 perpetrators were successfully convicted and their sentences range between 8 months7 years. Among these cases were 149 gang rape and 108 became pregnant as a result. In 2008, a total of 1,275 cases were recorded and 25 cases were successfully convicted with perpetrators being sentenced between 18 months and 7 years.
The lack of adequate laws in dealing with sexual violence has tremendously contributed to the exacerbation of this act. Most of the cases of sexual violence are not taken to court. Even those that go to court are either withdrawn for settlement at home, thrown out of court for lack of evidence or just die naturally. Consequently, human rights advocates have started intensifying the campaign for the sexual offences bill to be treated with the utmost seriousness it deserves and passed into law so that it can effect changes on the prosecution of such cases in court. This article will therefore discuss the new sexual offences bill with particular reference to the major changes introduced, make suggestions and proffer recommendations.
Harmonizing the Definition of Child
One of the notable changes this bill introduces is the definition of a child. Under the current laws governing sexual offences, a child is refer to as somebody below the age of 14 years which stands in contrast with definition of child under the Child Rights Act and the Gender Justice Laws of 2007, both of which put forward the age of a child as any person below 18. At present, any person below the age of 14 who is sexually molested will have the case tried under the Prevention of Cruelty to Children Act and above 14 is tried under the Offences Against the Persons Act of 1861. The new provision will harmonise these laws when passed into law.
Punishment of Rape Cases
The new sexual offences bill also makes changes in the punishment of rape cases. Under the current law, the offence of rape is tried under The Offences Against The Persons Act of 1861 and the punishment if convicted is life imprisonment but people convicted under this act hardly face such punishment. Section 2(1) of the current Bill now makes provision for rapists to be sentenced to a maximum imprisonment not exceeding 25 years.
Criminalization of Incest
A very important provision this bill introduces is the criminalisation of incest. There have been a number of reported cases in which father rapes daughter, step daughter, brother rapes sister and they have just been charged for rape. In order to curb this menace, section 14(1) states that “any male person who engages in or attempts to engage in a sexual intercourse with a woman whom he knows to be his sister, half-sister, mother, daughter, or cousin commits an offence and shall be liable on conviction to imprisonment for life.”, irrespective of whether the relation cannot be traced through lawful wedlock. Section 15 of same also criminalises incest by women. However, the same transfers the burden of proof solely on the defendant though marriage can be a defence.
Defining Child Prostitution
Section 27 of the Bill makes it a crime for anybody who causes, incites, controls, arranges or facilitates child prostitution. Under the current Prevention of Cruelty Act, a child is protected to the extent that she is not common prostitute or of unknown moral character. This type of provision is discriminatory in itself by limiting the protection of the child to only those with good moral character. A child should always be protected under the law for acts such as prostitution-, she is the victim and those facilitating the practice, should be punished instead. The current Bill has made an amendment by providing full protection to the child even if she is a prostitute and criminalizing the activities of those using or facilitating child prostitution.
Other Protections
Other provisions which gear towards protecting children from being sexually abused run through section 6 and 13. For instance, engagement in sexual activity in child’s presence, causing a child to watch sexual activity, meeting a child for sexual purposes, sexual abuse by person in position of trust, causing a child to watch sexual activity by person in position of trust and sexual activity with the child’s family members. These provisions are very important in protecting the rights of children from sexual abuse as majority of such cases brought to court involve children between the ages of 0-15 years.
Protection for Mentally Retarded
Also, mentally retarded people are protected under this Bill whether on the street or in care institutions. The practice of sexually abusing mentally retarded people on the street is rampant in most communities. There was a case in court in which a lady was sexually assaulted by a man and the matter was taken to court. As the lady was testifying, the accused in the dock was laughing whispering that she is not normal and this make the magistrate to refuse him bail as he was not treating the matter with the seriousness it deserves. Under the current Bill therefore, it is a crime for individuals to sexually abuse people with mental problem.
Sexual Voyeurism
Also, section 23(1) criminalises voyeurism which states that, “Any person who for the purpose of obtaining sexual gratification observes another person doing a private act and he knows that the other person does not consent to being so observed”.
Sex with Animals
Section 24 makes provision for anyone caught having sex with an animal to be prosecuted and if convicted be sent to prison for a period not exceeding 5 years.
What is Missing in the Proposed Bill?
It is however important to note that there are certain sections in the proposed Bill in which the relevant offences are missing. For instance, in section 19,which made provision for indecent photographs of persons including children fails to expressly provide for the offence under same. Similarly under section 50-51 which prohibits trafficking within Sierra Leone for sexual exploitation, the Bill does not provide for the offence. Furthermore, sections 57 and 58 relating to committing an offence with intent to commit a sexual offence also do not provide the offence. The SLCMP is calling the attention of the drafters to the omissions highlighted above to be included before taking the Bill to Parliament.
Another important clause that is missing in the draft Bill is a provision criminalizing the actions of persons attempting to withdraw sexual offences cases from court for settlement at home. The draft Bill should include a provision to prosecute persons for perverting the course of justice. Parents or guardians often received money from perpetrators and withdraw cases without taking into account the impact such assault will have on the child. At times they will even asked the perpetrator to marry the victim. There is a case in court in which a very young girl was sexually abused by a full grown man and when the matter was sent to court, he went to victim’s mother and gave her the sum of 500,000 Leones (US$162) for the case to be withdrawn, which she did. The perpetrator then went about bragging. Due to the shame brought upon the mother as a result of the bragging, she had to return the money and resorted to recommencing prosecution against the man. As at the time of going to press, the case is still in court. By prohibiting withdrawal of cases of sexual offences from court will help to discourage such practice.
Lastly, the draft Bill also failed to clearly define the age of consent of the child. There is already a controversy in defining the age of consent under the current laws. In order to resolve this controversy, it is important that the draft Bill expressly define the age of consent of the child. As a child is not expected to make wise decision, the age of consent should be put at 18.
Conclusion
The above analysis on the major provisions enshrined in the Sexual Offences Bill is seen as a major step towards discouraging the practice of sexual assault and abuse in the country SLCMP is therefore urging the authorities to pass into law the new Sexual Offences Bill as quickly as possible.
by ibakarr | Aug 11, 2016 | Blog
The want of defence counsels for children who are in conflict with the law is now a growing problem with attendant effects on the administration of juvenile justice in the country. That is, the majority of juvenile offenders are not represented by legal practitioners when they are arraigned before the court for having been in breach of the law. Such a practice definitely undermines the justice system especially as it relates to the rights of juveniles during trials. This is so because it violates a fundamental provision-the accused’s right to a legal representation- as espoused in both national and international instruments. The reason for this anomaly may be multi-faceted. Some parents’ or guardians’ are financially handicaped to secure the services a lawyer. In other cases, the juveniles are ‘street children’ who do not even have persons to guarantee them protection under the law. Most importantly, it can be the state’s insensitivity to upholding the rule of law as expected of all civilsed nations the world over.
The importance of having legal representation during trials cannot be overstated let alone in the trials of juveniles who are constrained by a number of factors including their mental capacities to withstand the rigours of a normal court procedure. Where there is an absence of a defence counsel, juveniles stand to be substantially disadvantaged as they are not accustomed to the setting of the court, not to talk about the language. This practice has often beclouded the administration of justice in juvenile courts which often begs the question as to whether the rights of children are protected within our justice system. This article will seek to examine the problems of juvenile justice system with particular focus on legal representation by highlighting the roles of defence lawyers in juvenile proceedings. It will also try to proffer some recommendations as a way of tackling this problem.
Part II, section 3(5) of the Children and Young Persons Act, otherwise known as Cap 44 of the Laws of Sierra Leone 1960 recognises the right of a juvenile to be represented by a legal counsel whenever such need arises. The Act provides for a juvenile to enjoy the services of advocates or other appropriate assistance in the determination of a legal matter. The use of ‘advocates’ in Cap 44 serves the purposes of both the ‘legal or other appropriate assistance’ provided for in the Convention, with the ‘other appropriate assistance’ Also, section 18(1) of the Child Rights Acts 2007, which establishes a Family Court, states that “[a] child shall have a right to legal representation at a family court.” This provision is in tandem with Article 40 (2) (b) (ii) of the Conventions on the Rights of the Child which accords children the right to “… have legal or other appropriate assistance in the preparation and presentation of his or her defence.” On the contrary, the majority of children who appear in court are not represented by legal counsel. Worst even is the fact that the Court often fails to take cognisance of this fact, but instead invoke section 14 of Cap 44 which states that “[if] the accused does not employ counsel, the court shall, at the close of the examination of each witness for the prosecution, ask the accused whether he wishes to put any questions to that witness.” This pattern continues to have very serious implications in determining the guilt or innocence of such children. The reason is that some children, in asking questions, end up implicating themselves further instead of exonerating themselves. Others because of the rigid atmosphere become dumbfounded and would tacitly admit to whatever allegations that are made against them. In a current larceny case, for instance, the juvenile offender was asked to cross-examine the prosecution witness who had earlier told the court that her niece saw the offender taking two bags out of the house and reported the matter to her. During the cross-examination, all what the offender asked was why did the witness’ niece not shout when she saw him carting away the bags. At that juncture, the Magistrate cautioned him that the question was for the niece and not for the complainant. When he was asked if he had other questions for the witness, he responded in the negative. The question asked was implicating to say the least. A lawyer was more likely to have asked technical questions in order to discredit the evidence of the witness thereby making a strong case for the juvenile offender. Additionally, a lawyer may canvass for a mitigation of the disposition to a lighter sentence where the accused may have been convicted.
Another area that warrants attention in the exercise of juvenile justice is the granting of bail. This provision is hardly enjoyed by offenders lacking legal representation. Part II section 5 of Cap 44 makes provision for bail to be granted to offenders if he or she is not charged with homicide or any offence whose imprisonment term exceeds seven years, if he or she is to be prevented from being associated with ‘undesirable person’ or if the release of such person may not “defeat the ends of justice”; the court shall grant bail to ‘…such person on recognisance being entered into by him or by his parents or guardian, or other responsible person, with or without sureties for such amount as will in the opinion of the officer secure the attendance of such person upon hearing of the charges.’ Most parents or guardians of juvenile offenders are not familiar with these legal provisions, not to talk of the offenders themselves. In most cases therefore, such child offenders have been sent to the remand home pending trial by presiding magistrates who wield an overwhelming discretionary powers in the absence of a defence counsel. Where one is present, the child offender has often been released on bail pending trial. This practice underscores the reason why is it that the majority of the children found in the remand homes are awaiting trial without legal representation.
Since the enactment of the Child Rights Act in 2007, there has been lots of controversies in court with regards the determination of the age of majority of the juveniles. The said Act provides as 18 and that of criminal responsibility is 14. However, the court is sometimes of the opinion that child offenders provide false ages (under 18 years), either in order to benefit from a juvenile trial or to be exempted from trial in cases of a claim of not reaching the minimum age of criminal responsibility. In such situations where the court is in doubt as to whether or not the child has attained the age of majority, or has not past the minimum age of criminal responsibility, it is only a legal practitioner, equipped with the requisite skills that can adequately argue on behalf of that child. An example to underscore this point was vividly demonstrated in court when a lawyer made a successful application for a matter involving a boy below 14 to be discharged because according to him, the boy was yet to attain the age of criminal responsibility. Without legal representation, the said boy would have been at the mercy of the court, probably tried and if found guilty, would have been sent to the Approved School to serve his sentence.
The lawyer in a court of law also serves as the juvenile’s voice to the court as he/she represents the expressed interest of the offender at any stage of the proceedings. He can object to the prosecution if he thinks a leading question has been asked and maintain high degree of integrity and remain confidential. He advocates in the best interest of the juvenile, recommend to the juvenile actions consistent with his interest and also about the potential outcomes of various course of action without which the juvenile will not be able to understand certain basic things regarding the trial.
The defence lawyer also has the task to be meeting the juvenile as frequently as possible and communicate with him in a manner which is very effective, considering his maturity, physical or language, background, etc. If the court does not have an interpreter, the defence counsel should move the court for the appointment of an interpreter. He also advocates to the court to appoint a guardian if it appears to him that the juvenile does not have a parent or adult to provide assistance to him.
Furthermore the defence lawyer is also expected to be knowledgeable of dispositional alternatives available to the court and should inform the parents or guardians of the juvenile about those alternatives, possible recommendations to the court and of possible outcome of the hearing. Most people are unaware of a good number of these legal provisions or court proceedings. As a result, it is but fitting that juvenile offenders be provided with legal counsels.
In conclusion therefore, it is necessary that juvenile offenders are given adequate protection before the law by providing them defence counsel. It is my humble submission that the Government, through the Ministry of Social Welfare, Gender and Children’s Affairs should employ the services of legal practitioners who can represent this vulnerable group of people whenever the need arises. Also, non-governmental organisations working on access to justice issues should consider venturing to provide legal assistance to particularly this special group. Finally, the government, through the justice ministry should think of increasing the number of juvenile courts around the country as this would help in the expeditious administration of justice.
by ibakarr | Aug 11, 2016 | Uncategorized
Introduction
Since the enactment of the ‘gender acts’ in Sierra Leone, that is the Domestic Violence Act, the Devolution of Estate Act, and the Registration of Customary Marriage and Divorce Act, some eighteen months ago, little has been done in the process of implementing the key provisions of the acts. Simply put, the process of implementation has been painfully slow. Also, there has been little or no collaboration among the different organizations, local and international, that are working on gender related issues so as to coordinate and monitor the process properly. The effect has therefore been the duplication of each other’s effort and with information not well disseminated as they are done independently without consulting with others. That is, strategies have not been coordinated well and training programmes seldom conducted which would provide the platform where frequently asked questions about the laws would be raised and people with the required expertise made to answer such questions.
In light of the above, the Ministry of Social Welfare, Gender and Children’s Affairs (MSWGCA), which is the lead agency in the implementation process, launched the National Strategic Roll-out Plan on 25th of November, 2008 to be used in the implementation process. The process starts from January 2009 and ends in 2011. The Plan was developed with close consultation with stakeholders across the country including civil society, state actors, and relevant UN agencies. The Plan does not only set out all the steps which need to be taken over the next three years, but it lays the basis for long term enforcement of the ‘gender acts’ on a national scale. It will serve as a guideline or reference point for all stakeholders with each knowing their individual responsibilities in order to avoid duplication of efforts. The Roll-out Plan is divided into three main sections: enforcement, public education and monitoring/data collection. This article therefore seeks to critically analyze these sections, with particular reference to how it can help in the implementation process, citing some possible problems and proffer recommendations.
Enforcement
Enforcement, as one of the main priorities in the Roll-out Plan is to ensure that all bodies and agencies charged with the responsibility of enforcing the three ‘gender laws’, fulfill their roles under the new Acts. Provisions are made under the three Acts for victims to seek redress in the court of law when their rights are violated or abused. For instance, domestic violence cases can be heard in the Magistrates’ or High Courts or the Local Courts. Matters relating to registration of customary marriages and divorce can be heard in the Magistrates’ or Local Courts; but issues relating to the Devolution of Estate can only be heard in the High Court. Access to justice in this country is a multi-faceted problem; lack of finance, fear of reprisal by perpetrator, delay in trial proceedings, etc all contribute immensely to this malaise. The MSWGCA has therefore made it a priority to lay the foundation for people to be able to seek redress in the court of law in an event where their rights are trampled upon under the ‘gender laws’. To that effect, the Role-out Plan makes provision to strengthen the community relationship with the Family Support Unit of the Sierra Leone Police to enable people have confidence in the justice system. The Plan also makes provision for the strengthening of the formal and informal courts to expedite the hearing of cases. Furthermore, it makes provision for the establishment of an effective service wherein complainants will receive the required attention and support. The Plan therefore provided for the setting up of a Victims’ and Witness Support Unit. This service will be provided by a cross section of organizations.
The difficulty in implementing the gender Acts has been associated with the formal court system, which is often overwhelmed with cases. Therefore, cases are frequently adjourned including sexual and gender based violence cases. In addition to that, the perpetrators of the domestic violence for example, are most times the breadwinners. Since the women are largely dependent on them, they are often unwilling to pursue the case. It is therefore essential for women empowerment programmes to be set up so that dependency rate on their male counterpart will be decreased. With independence and the setting up of special courts throughout the country to handle such cases, women can, without reservation, adequately seek redress in the court of law if so required.
Furthermore, the MSWGCA needs to muster the political will at the highest level for this plan to succeed, especially so when it is one of the under funded ministries in Sierra Leone. Already, the Ministry has established the National Committee on Gender Base Violence (NAC-GBV), a unit within the Ministry to handle cases of sexual and gender based violence is a step in the right direction. The government and its partners must therefore strengthen these ventures to ensure the implementation of the acts.
Public Education
The second section of the roll-out Plan is public education and its primary aim is to give a broad public understanding of the three acts and the gradual absorption of their provisions into acceptable norms of behaviour by individual and communities. As a result of the high level of illiteracy in the country, it is essential that sensitization drives are undertaken on a massive scale throughout the country and in the different indigenous languages to help the people better understand the provisions of the Acts. The sensitization scheme should prioritize service provider and opinion leaders including medical service providers, human rights and other civil society groups, traditional and religious leaders, media institutions, Members of Parliament , Councilors, etc. In Sierra Leone, most of our traditional practices are more discriminatory to women than men and changing the behaviors of people is a herculean task. Putting these laws into practice will require a long-term investment to changing culturally ingrained practices that condone and sometimes perpetrate violence against women and girls. Attempts to change customs are likely to be controversial and inspire resentment and anxiety, particularly among men.
Other means of educating the public as outlined in the roll-out plan is through discussions and meetings at local level, in schools by integrating the ‘gender laws’ into the school curriculum, radio programmes, community dramas and story telling, music, leaflets, posters, bill board, etc. There should be a monitoring mechanism in place so that stakeholders involving in the implementation process pass on the messages correctly in order to avoid misinformation.
Data Collection/Monitoring
The third section of the Roll-out Plan deals with data collection and monitoring. The purpose of data collection is to build a pool of accurate, up-to-date information to be used as a basis for evaluating impact; and monitoring is to ascertain the extent to which the Roll-out Plan is being implemented and to be able to adjust the plan if necessary as time and circumstance may dictate. By doing this, the Ministry will be able to track systematically the status of the implementation process and be able to identify areas in the Acts that will present challenges and also regions where increased focus should be paid. Since the ‘gender acts’ were passed in Parliament, there has been little data collection and proper record keeping to track their implementation, thus creating a huge problem as the Ministry is unable to trace records in the evaluation process. Lack of data collection and inconsistent levels of reporting across sectors is currently a significant problem with the implementation and monitoring of the acts nationwide. It is therefore vital that a proper system of date collection and coordination is prioritized from the outset. A system should be established for every institution involved in the Roll-out Plan to forward their data to the Ministry which it will use in the six monthly reports. The Family Support Unit of the Sierra Leone Police will track down the number of cases reported to them. The district and local councils on their part will collect data on the various issues including, property, ownership and devolution of estates. To achieve this, the said institutions need to be properly capacitated so that they will be able to provide adequate and up-to-date data. Also, archiving systems and libraries need to be established which will serve as reference point for researchers. The Ministry will lead the monitoring process with the assistance of and collaboration with other partner agencies, particularly those forming part of NAC-GBV.
In conclusion, the National strategic roll-out plan if implemented accordingly will be a major step towards the improvement of the status of women and girls in Sierra Leone.
by ibakarr | Aug 11, 2016 | Uncategorized
Introduction
Corruption in developing countries continues to be one of the greatest factors of poverty, development and internecine conflicts. Although many developing nations especially in Africa are endowed with priced natural resources, yet they continue to struggle and scramble for position in the lower rungs of the United Nations Development Index. Most developing countries continue to grapple with the ever changing trends in global politics, economic and technological advancements having little or nothing to do due to the debilitating effects of corruption on their very existence. From Zimbabwe to Nigeria, from DR Congo to Sierra Leone, corruption continues to have an adverse effect on the lives of the vast majority of the population. Sierra Leone, for instance, was ranked 122 among 149 nations in the 2007 corruption rankings. [1] This article seeks to look at some of the root causes of corruption in Third World Countries generally but with specific focus on efforts to confront it in Sierra Leone. It proffers recommendations to be considered in the unyielding fight to eradicate it.
Defining Corruption
Understanding the concept of corruption presupposes that one should have a clear dichotomy of what it entails and what constitutes it in the simplest term. There is no single accepted definition for the term ‘corruption’ because what may seem corrupt in one society may not necessarily be perceived as such in another. Though there have been different attempts to define it, there is no precise, clear definition that can be applied to all forms, types and degrees. According to Carl Friedrich, “Corruption is a kind of behaviour which deviates from the norm actually prevalent or behaved to prevail in a given context, such as the political. It is deviant behaviour associated with a particular motivation, namely that of private gain at public expense.” [2] The Oxford English dictionary defines corruption as “Pervasion or favour, the use or existence of corrupt practices especially in a state, public corruption, etc.” The most commonly used and popular definition is the one given by Leslie Palmier [3] according to this definition, corruption is seen asthe use of public office for private advantage. This definition is directly in line with Section 44 of Sierra Leone’s Anti Corruption Act 2008 which deals with the use of public office for private or personal aggrandisement.
Causes of Corruption
Developing economies are predominantly buffeted with barrages of corrupt practices that have deep anchorage in the socio-political and cultural psyche and existence in such nations. This is particularly so in Sub Saharan Africa where majority of the populations especially in the rural areas suffer untold hardship as a result of what can be termed as organised or systematised corruption. The causes of corruption are numerous and the situation is often similar in many ways among developing countries especially so among African countries as are discussed below.
Patronage ties between political elites and those they represent often place heavy informal obligations and demands on the former. Typically, such elected representatives are not only overwhelmed with financial pressure from their family, but also from kin, clan, hometown and tribal or ethnic constituents. Such obligations are almost always fulfilled through corrupt means. Thus the participants in corruption are many besides the politician or elite who actually engages in the act. Because of the absence of state welfare institutions in much of Africa, political constituents expect politicians representing them to cater to their quotidian and small scale infrastructural needs. [4] In other words neopatrimonial regimes become the rule, and the state emerges as an extension of the ruler’s household, patronage, ethnic and kinship ties and bribes become major modes for governance. Corruption funded patronage to kinsman and crimes have exacerbated regional, tribal, religious and ethnic divisions. [5]
Another cause of corruption is psychological. There are numerous psychological factors that can help to explain some types of corruption. Internally, some people are ‘naturally evil’ and will commit criminal acts, including corrupt ones in any type of system. Pressure and peer comparison can contribute greatly to acts of corruption especially so where the socially revered are the corrupt ones. This presupposes that in an environment where an individual see others around him/her benefiting from corruption, they may well choose to indulge too. Nepotism, that is, helping others because they are closely related to you can also be related in psychological term. The cliché ‘blood is thicker than water’ is common parlance in Sierra Leone. This can also be explained in terms of people wanting to entrench themselves or maximise their hold on power.
Moreover, monopoly of power can also be a cause of corruption in Africa. This could often apply or exist for the simple reason that people in power are the ones mainly charged with the responsibility governing. Thus, out of discretion they can expend such powers to perform acts of corruption as maybe dictated by their circumstances.
Furthermore, weak judicial system is also a serious cause of corruption. Most often, judicial systems are weak as a result of poor conditions of service. In such situations, it is the poor people that suffer the brunt of injustices as the rich always stand a better chance of getting justice over the poor. Furthermore, the absence of clear-cut separation of powers between the judiciary and executive arms often results in the latter exercising undue influence over the former. Such undue influence is most pervasive in situations where there is no guarantee of security of tenure for the judicial officers. In Sierra Leone, for example, the President has the power to appoints judges on contractual basis after their retirement without security of tenure of office.
Effects
The impact of corruption on developing countries cannot be overemphasized. The results are often disastrous. The eleven year civil conflict in Sierra Leone, for instance was largely attributed to pervasive corruption in all spheres of governance. The occurrence of corruption in large scale reflects in many areas of development and is intrinsically linked with under development. Poor conditions of service as is the case in many developing countries open the door to bribery. Corrupt officials often accept substandard quality of service because of kickbacks thus depriving the country of value added service from contractors and consequently resulting to the implementation of water washed roads or schools. Health care facilities remain inadequate and inaccessible because most times, drugs meant for especially children and women particularly in provincial clinics and hospitals could be easily seen on the shelves of private pharmacies.
One of the greatest impacts of corruption normally arises out of the choices and priorities of governments. This occurs when the real development priorities of a country are often neglected in favour of those that generate the greatest personal gains for the decision makers. Here, it is clearly evident that many projects have become white elephants and easy route for personal enrichment. When loans taken by governments on the pretext of undertaking some projects are diverted to private accounts and coffers, the attendant effect is that such loans would have to be paid with interest and at the same time increasing the debt burden of the country.
Efforts to Combat Corruption in Sierra Leone
Efforts to curb corruption in Sierra Leone could be traced to its recent past. In 2000, the former government established the Anti Corruption Commission in a bid to minimize corruption, regarded by the former President Kabbah as the primary reason for the country’s slow pace in terms of economic advancement. The ACC Act 2000 was however, marred with several defects, primary amongst which was the lack of independence of the Commission in prosecuting alleged corrupt officers. Secondly, the mandate of the Commission was severely limited to investigation and sensitization. Discretion for prosecution of cases was dependent on the discretion of the Attorney General. Upon accession to power, the current government took a step further by assenting to an amendment made on the 2000 Act in September 2008. This new Act gives prosecutorial powers to the Commission and guarantees it a high degree of independence from the office of the Attorney General and Minister of Justice. It also provides incentives and protection for whistle blowers which should serve as a motivation for people to report acts of corruption thereby minimizing it prevalence.
Since the inception of the ACC in 2000, sixty five (65) cases have been charged to court, fifty six cases have been completed and out of these, thirty-four persons were convicted. [6] Some of the high profile cases the Commission has taken to court include the case against a High Court Judge, a sitting Magistrate and a Justice of the Peace. Other cases involving top officials include two senior Districts Officers, a Regional NEC Commissioner, a Police Commissioner, top officials of the Sierra Leone Postal Services, an accountant and two secondary school principals.
There are nine cases currently before the courts that are being prosecuted by the ACC. They include the case of the former Ombudsman, the former acting Director of the Sierra Leone Broadcasting Service, a higher executive of the Public Service Commission and three officials of the National Revenue authority.
The ACC as the lead organization in the fight against corruption has as it current focus, working towards achieving the objective of the National Anti Corruption Strategy. The Commission has also adopted it own strategy. The objectives of the ACC’s strategic plan for the period 2008-2010 include the following (a) enabling the ACC to take a leading role in coordinating the implementation of the National Anti-Corruption Strategy (2) set and attain performance targets for it existing and emerging mandate areas and (3) build capacities (human, financial etc) required for it work in the period 2010-2010.
Fighting corruption effectively is a Herculean task and hugely depends on both the political will and financial resources. Amongst the challenges faced by the Anti Corruption Commission are finance, logistics in the form of vehicles, computers, printers, tape recorders and a host of other equipment required for staff to perform their work effectively. The Commission also needs trained and qualified staff with modern investigative and systems review techniques. The Commission also needs a better building facility for it to function adequately.
Recommendations/ Conclusion
Many developing countries and Sierra Leone in particular are miles away in achieving corruption free societies and as stated inter alia, the political will and financial support from central governments has to be sacrosanct for the fight against corruption to succeed. Though the Sierra Leone ACC now has prosecutorial powers as provided by the ACC Act 2008, the nolle prosequi provision in the Criminal Procedure Act of 1965, which gives power to the AG to discontinue an ongoing prosecution, can seriously inhibit the success of the Commission. It is therefore recommended that a clear dichotomy be made between these two provisions so as to prevent future clash on the basis of interpretation as to which one gains ascendancy in an Anti-corruption matter.
[1] See the 2007 rankings for 179 Countries, www. Worldaudit.org/corruption. htm
[2] See Fredrich, J. Carl. (1972) The Pathology of Politics: Violence, Betrayal, Corruption, Secrecy and
Propaganda. New York : Harper & Row, pp. 127-41 Quoted in Heidenheimer, J. Arnold ;
[3] Palmier, L. (1983) Bureaucratic Corruption and its Remedies. In Clark91983a) pp 207-16
[4] See Moses Ochonu (2008-11-26), Corruption and poverty in Africa: a deconstruction, www. Pambazuka .org
[5]
[6] Outreach section Sierra Leone Anti-Corruption Commission
