by ibakarr | Aug 11, 2016 | Uncategorized
Introduction *
Sierra Leone is still in a period of transition, meaning, it still has the opportunity of initiating reforms that will inhibit the relapse into another deadly civil conflict. The last war was not only notorious for its egregious abuses of human rights but also for degenerating further the already ramshackled status of the justice sector. It has been argued that, on the eve of the war the once reputable judiciary was renowned for rendering justice only to the few political elites and the wealthy. Poor Sierra Leoneans could not enjoy similar opportunities. People became disgruntled with the justice system and this contributed tremendously to the outbreak of the war. [i]
The Sierra Leone Court Monitoring Programme deems the Government established Law Reform Commission essential to the transition process.
This article is therefore arguing a case for the establishment of a Public Defender System, parallel to the Directorate of the Public Prosecution, within the Sierra Leone legal system. It specifically argues for the establishment of a mixed system, a combination of the generally two systems: ‘Office of Public Defender’ and the ‘List’ systems. The idea for the mixed system stemmed from our experience in monitoring the Special Court for Sierra Leone (SCSL) for the past years. The SCSL is currently using the mixed system, designed to provide for judicial economy, effective representation and cost effectiveness.
The List System
The list system provides for indigents to be assigned counsels from a list of lawyers provided by the State. This system is said to be cost effective as the State would not have to employ permanent lawyers but hire them as the need arises and on contractual basis. This will also speed up the trial process since lawyers will not be overburdened with cases. The task of supervising the counsels hired is that of the State. It is difficult for the State to perform this function as they seldom establish bodies to supervise the counsels hired.
An Office of the Public Defender
In the second system, government establishes the Office of the Public Defender from which counsels, employed on permanent basis by the State, are assigned to indigent defendants. This system is said to be more expensive as the Government will not only have to incur the cost of paying for the employment of these lawyers since it retains them on an open-ended contract, but also the lawyers will be overburdened with cases. Sometimes, there may even be conflicts of interest in defending more than one client at trials. Consequently, the very essence of having a defence counsel i.e. to ensure effective representation will be undermined.
The Mixed System
The third is the mixed system mentioned above and it is a novelty. It is the combination of the two systems already discussed. In the mixed system, the Government establishes an Office of a Public Defender with few duty lawyers and administrative staff. The office in turn maintains a list of qualified defence lawyers who will be contracted only after an indigent defendant chooses them. This system should not only be cost effective but should also ensure that counsels focus on a particular client avoiding conflict of interest. It also enhances speedy trial.
Example: in the US
In countries such as the United States where the Public Defender System has long been in existence, its root is grounded not only in law but also in “the principles of a civilized society”. [ii] As early as in 1853 the Indiana Supreme Court rule noted the centrality of a robust defence to the whole trial process. Justice Sutherland further elaborated on the right of the indigent defendant to a counsel. Speaking for the majority in Powell v. Alabama, he stated that:
“The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with rules of evidence. Left without the aid of counsel he may be put on trial without charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue, or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepared his defense, even though he [has] a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know to establish his innocence.” [iii]
In 1914, the first Public Defender Office was opened in United States when the Board of Supervisors of the County of Los Angeles appointed Walton J. Woods Public Defender pursuant to the County Charter of 1913. [iv] [v] it is today implemented mainly by the states through the Office of the Public Defender which provides representations for indigents accused or convicted of criminal offences. They are responsible to ensure the constitutional rights of the defendants are fully protected; a right accorded to all indigents fairly, and on equal basis regardless of race, creed, nationality or socio-economic status. Although the right to be assigned a defence counsel is a right enshrined in the Federal constitution,
Examples elsewhere
Recently, countries in transition in Central and Eastern Europe after the Cold War made provisions for the Office of a Public Defender in their constitutions. [vi] In Sierra Leone however, this has not been the case despite the fact that we are still in transition. The commonest reason is that the Office of a Public Defender system is not part of our colonial heritage. Sierra Leone inherited the loose and ad hoc system from its British colonial masters in 1961. In this system, the State does provide indigent defendants with counsel in criminal cases but not necessarily one of their choosing. In other words, they are arguably left with no option but to accept the Government’s chosen lawyer. After over four decades of independence, Sierra Leone laws are expected to continue to develop. Even the British system that was copied adopted a Legal Aid Scheme as early as in 1949, well before Sierra Leone gained independence. British legal system has continued to evolve since then and has resulted in the enactment of the ‘Access to Justice Act 1999’ by the British parliament. [vii] This Act transferred the administration of legal aid to an independent statutory body, the Legal Service Commission. The Commission works in partnership with the Government Minister. While the Government Minister is charged with the responsibility of making the overall Legal Aid Policy, the commission is responsible for its administration, including payment and monitoring of the practitioners who render services to indigent accused or convicts to ensure quality service.
The current situation in Sierra Leone
However, developments in the Sierra Leone legal system have not only been few but far between: new legislations are promulgated but at snail pace and archaic ones are rarely repealed to meet the changing situation. The lack of corresponding office of a Public Defender, like that of the Director of public Prosecution (notwithstanding the fact that it is not part of our colonial heritage) underscores this but largely undermines the effort in dispensing justice, especially for the indigent. It gives the state undue advantage over the indigent accused persons. Inequality of arms breeds unfairness and subsequently undermines respect for the rights of the accused as enshrined in the 1991 Constitution of Sierra Leone.[viii]
As aforementioned, Sierra Leone has been practicing an ad hoc system where a State counsel is assigned to defend a particular indigent accused. This system is already inundated with myriad of problems. The lawyers on many occasions are so overburdened with cases that they sometimes cannot respond adequately to the task of providing adequate defence. The Constitution of Sierra Leone 1991 guarantees the right to a lawyer. [ix] The question here is not about the need to provide a lawyer for the indigent defendant but how to make the best use of the lawyers whose services may be available with limited funds and how to ensure the provision of similar facilities to those that are accorded the prosecution. Under the current system, the indigent is likely to have to just accept any lawyer imposed on him by the State because of his indigent status. This should however not be the case as it does not create competition, and encourage more productivity to attract clients.
Furthermore, in an event the State has to hire a private counsel, the Registry often has difficulty in getting lawyers that are willing to take cases. Most times, only newly qualified lawyers respond. Lawyers that have been in practice for long are often attracted by high profile cases. The main reason for this is that, remuneration is small and slow to get payment from the State. However, it is essential that the accused or convicted indigent is assigned a counsel in the earliest stages of a trial or appeal not just for prestigious court appearance as many abuses occur in the very beginning of a case.
The mixed system, the system currently practiced by the Special Court for Sierra Leone is designed to trim down the difficulties that accompany the two systems already discussed. These difficulties include the high cost of legal operation, counsel assigned to more than one accused, potential conflicts of interest and delays in the trial process. However, it is not without its own challenges. Some of the challenges are similar to the ones already discussed in the two systems. For instance, some of the private practitioners whose names are maintained by the Office of the Principal Defender may be engaged in other cases at the time a client chooses them and there may even be extensive bureaucracy in hiring and paying counsels. Furthermore, the role of the Office of the Public Defender may sometimes be unclear: whether it is simply to administer defence generally, which includes staffing and payment of salaries or is involved in defending i.e. investigating and representing indigent accused persons, at least at the initial stage. [x] These challenges are not insurmountable. Sierra Leone has the golden opportunity to learn from and remedy some of the shortcomings of the system as applied by the Special Court.
Now that we are still in transition, this is an opportunity to prove that ipso jure , right to an effective legal counsel is not a privilege but a constitutional right.
* This article was first published in the 6th Edition of the Monitor in August-September 2005. Three years since then, no adequate structure has been put in place to establish an office of a public defender. Recent development at the national court regarding inequality of arms, especially in the case of the IG v Harvey Steven Perez & Others has necessitated the republication of this article. The defence has alleged that the Attorney General has restricted them access to their clients. The establishment of an office of a Public Defender with similar political clout as that of the office of the Attorney General will enhance equality of arms in post-conflict Sierra Leone.
1. See In Pursuit of Justice: A Report on the Judiciary in Sierra Leone, Niobe Thompson, Commonwealth Human Rights Initiative, 2002, p.5. See also Vol. 2 Chapter 2 Findings of the Sierra Leone Truth and Reconciliation Commission Report.
2. Webb v. Baird 6 Ind 13, 18
3. Powell v. Alabama. 287 US 45 (1932).
4. See http://pd.co.la.ca.us/History.html.
5. See Sixth Amendment of the US Constitution .
6. The State of Georgia is the latest to open an office of the Public Defender. Seehttp://www.justiceinitiative.org
7. See Roger Smith, Legal Aids in England and Wales: Current Issues and Lessons. http://www.justiceinitiative.org/activities/ncjr/atj/atjresource.
8. S.23(5).
9. S.23(5)c.
[x] See Interim Report on the Special Court for Sierra Leone, War Crimes Studies Center, University of California, Berkeley , 2005.
by ibakarr | Aug 11, 2016 | Uncategorized
Introduction
Prior to the enactment of the gender acts in 2007, the women in Sierra Leone, especially the rural women, were subjected to inhuman treatment and their human rights trampled upon. Wife battering, wife inheritance, forced marriage, to name but a few, are some of the disadvantages they were subjected to. It should be worth noting that not all laws in the gender acts are new. Some of these laws were already in existence and the acts only stress their enforcement. The enactment of the gender acts was the first step by the government of Sierra Leone, to fulfill its obligation to domesticate the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), in a bid to improve the legal status of women and girls in Sierra Leone. The Gender bills were first drafted in 2005 through the joint efforts of the Parliamentary Human Rights Committee and the Law Reform Commission working with the Ministry of Social Welfare, Gender and Children’s Affairs, Human Rights Commission and Civil Society. As a result of considerable support amongst people, particularly women, the bills were passed into law on the 7th 0f June, 2007. The three main acts are: The Registration of Customary Marriage and Divorce, The Devolution of Estates/ Intestate Succession Act and the Domestic Violence Act. These acts were enacted to help address the issue of gender based violence that is so rampant in our society. The aim of this article therefore is to critically look at the major changes the acts introduced.
The Registration of customary Marriage And Divorce Act
This act introduces the legal minimum age of marriage to 18 years. Previously, there was no age requirement for marriage under customary law. The rate of child marriage was very high which has serious consequences for them and the society as they are not matured enough to run their homes.
The consent of both spouses is now needed for a marriage to become valid. Previously, girls consent is not required and as a result, forced marriage was very common which results in unhappy union and divorce. This act clearly states that both male and female should agree to marry each other.
Also, married women are now entitled to own property. Previously, women could only inherit 30 % of her husband’s property whilst the latter would receive 100% of a deceased wife’s property. Women were considered as part of their husband’s property and could also be inherited by the husband’s family by marrying to his brother or other relations. This law offers women the right to own and dispose of property. This intends to protect them in cases of divorce.
The act also states that dowry (i.e. property or money brought by a bride to her family), should not be returned by the woman’s family when divorce occurs. This practice forces women to stay in unhappy and abusive relations as they cannot buy their way out of the marriage. The law makes it illegal for women to return dowry as the man cannot compensate the woman for all the time she spent with him and in most cases the children she had for him.
The legitimization of partners cohabiting for more than five years was also introduced. Before this time, unmarried couples cohabiting were not protected by law and in the case of death or separation; they are not considered because they are not legally married which has great effect on the maintenance and welfare of the children. This law offers them the same right as married couples.
Another change is the registration of customary marriage and divorce. Previously, no registration of customary marriage is required. This law ensures spouses are over 18 years and both consent to the marriage. They can also approve of marriage or divorce and can apply for maintenance.
With respect to polygamous marriages, the act states that if a man wants to marry more than four wives; it should be done under customary marriage as there are no limitations as to number of wives a man should marry. Under Islamic law, a man should not marry more then four wives. In a nutshell, the act is saying that it is an offence for a man to marry one wife under Christian or civil law and marry another under customary or Islamic law. People now have to choose one marriage and stay with that type.
Devolution of Estates/Intestate Succession Act
One of the notable changes introduced under this act is that there should be no discrimination between male and female children. They should be treated equally and have the same inheritance right. It is worthy of note that in our culture, males are perceived to be superior to the females.
Also, husband and wife now have right to inherit property from each other. Previously, when a man dies, especially under customary marriage, the woman does not have the right to inherit her husband’s property. This act will improve the economic status of women and will have a positive effect on women’s access to acquiring loans, owning property, starting businesses, etc.
Unmarried couples who cohabit for more than five years will be protected under this law. Before this time, no law protects unmarried couples in case of death. This had far reaching consequences on the surviving spouse especially women with children. Estranged spouses are also protected under this act. The act also protects children born out of wedlock. These children will now be entitled to monies for education and maintenance until 18 years.
The law also makes it an offence to eject a surviving spouse or child from the matrimonial home before the final distribution of the estate.
Domestic Violence Act
This law makes domestic violence a crime punishable by law. Prior to the passing of this act, domestic violence was a crime prosecuted under the Person’s Act of 1961 as wounding or grievous bodily harm. This act also makes provision to strengthen the ability of the Family Support Unit {FSU}, to help victims of domestic violence and stop the abusive cycle. The FSU was established in 2001 within the Sierra Leone police to deal with incidences of domestic violence but much has not been achieved in that respect. The act stipulates that public institutions that take care of children and which those children regard as their homes are included under the domestic realm.
Also, victims of domestic violence now have the right to seek redress in the court of law without fear of reprisal by perpetrators. They can do so by asking for protection order to prevent perpetrator from further harassing her/him or regulating the relationship. It also creates options for dealing with cases relating to domestic violence. These are: settlement, prosecution or protection order.
Conclusion
In conclusion, it is evident that the three gender acts are set to bring about harmony, unity and respect with regards the human rights of both male and female including children in the family and community. They provide for dialogue, security and safety for women and man thereby upholding their dignity at all times.
by ibakarr | Aug 11, 2016 | Uncategorized
The 2008 Anti-Corruption Act, which is currently pending ratification by Parliament, promises to endow the Anti-Corruption Commission (ACC) with the power to independently prosecute and punish corruption. Such independence is long overdue; it was among the TRC’s imperative recommendations issued in 2005, and President Koroma has recently expressed his strong support for such changes. On Wednesday July 9th, we spoke with Mr. Abdul Tejan-Cole, the Commissioner of the ACC, about the current state of the ACC, the pending Act, and his vision for the ACC in years to come.
The ACC currently operates under the guidelines of the National Anti-Corruption Strategy (NACS), issued in 2005 and revised in 2008. The strategy emphasizes two main avenues for fighting corruption: prevention and confrontation. To that end, the NACS envisioned a National Integrity System, aimed at achieving transparent, efficient and effective public and private sector institutions. Many major steps toward the realization of these goals have already been taken. The Public Procurement Act of 2004 established the National Public Procurement Authority (NPPA) to regulate and monitor public procurements. The work of the NPPA is of paramount importance in the fight against corruption, as an estimated 60-70% of all the country’s corruption takes place within the area of procurements. The ACC and the NPPA have a close working relationship. According to Tejan-Cole, the ACC “considers itself the enforcement arm of the NPPA.”
In addition to procurement measures, the ACC recently convened its official Steering Committee, tasked with overseeing the logistical implementation of the National Integrity system. Over the course of the Committee’s 2½ year mandate, Tejan-Cole hopes it will achieve many of the major goals of the NACS. One of these goals, of course, is to extend the fight against corruption beyond the ACC’s headquarters in Freetown – out into the provinces, out into other government and civil society organizations, and out into the hearts and minds of all Sierra Leonean citizens. The ACC stresses that the work of fighting corruption does not belong to it alone; rather, it is a national struggle. The ACC now has offices in Bo and in Makeni, which should be fully functional by the end of August, 2008. In addition, the ACC has set up hotlines, enabling citizens to call and make reports from anywhere in the country. (*The numbers for those hotlines can be found at the end of this article.) The ACC is also working closely with civil society groups. “One of the first things I did after coming into my position,” recalls Tejan-Cole, “was to strengthen the department of Public Education and Outreach. That department aims to inform the public about the evils of corruption and to enlist public support for the fight against it.”
But the ACC is still fighting an uphill battle. Tejan-Cole tells us that, though his Commission employs many wonderful staff members, they have been unable to provide the proper training, due to a lack of resources. Resource constraints are also to blame for the ACC’s current lack of equipment. Without adequate funding to meet its staffing and equipment needs, the ACC will continue to struggle to build its capacity and meet its mandate. Even with the proper funding, however, the ACC would still face significant limitations because of inadequacies of its current mandate. The mandate authorizes only nine offences for which the ACC may bring indictments, leaving out many other forms of corruption. Moreover, there is no provision in the current act that mandates the declaration of assets by public officials. This means that the ACC has no power to enforce President Koroma’s promise that he and his administration will declare their assets, which poses a significant obstacle to the overall goal of governmental transparency. Perhaps the largest problem currently facing the ACC, however, is its lack of independence. Under the current mandate, the ACC must refer cases to the Attorney General’s office for prosecution. This arrangement causes a considerable conflict of interests, as the Attorney General’s office is a political body.
There is hope, however, that many of these issues will be addressed soon. The Anti-Corruption Act of 2008, currently pending approval by Parliament, would authorize the ACC to conduct criminal prosecutions, independent of the Attorney General’s office. This arrangement would allow the ACC to have the final word on the prosecution of its cases, making it entirely free from political influence. Tejan-Cole stresses that this arrangement would not give the ACC too much power. “There are many bodies that have both investigatory and prosecutorial powers that are not too powerful, both here and abroad,” Tejan-Cole explained. “Look at the FCC in Nigeria and also the police. The police here in Sierra Leone have the power to investigate as well as to prosecute. We do not think those abilities add up to too much power. All it would do is make us fully independent, which is essential to carrying out our duties effectively.” In addition to granting prosecutorial powers, the bill would expand the list of indictable offenses, enhance protections for whistleblowers and witnesses, and mandate the declaration of the assets of public officials. All in all, these changes would vastly improve the ACC’s structure and capacity, and substantially improve its ability to fight corruption.
Abdul Tejan-Cole knows that the ACC has difficult work ahead, but he knows, too, that that work is imperative to bringing a brighter future to Sierra Leone. When asked about his vision for the future of the ACC, Cole replied:
“I would say that I have three broad goals. The first is to improve the capacity of the Commission, especially when it comes to independence. The second goal is to improve the delivery of services. We need to improve professionalism within the organization as well as our ability to handle the number of cases that we get. Finally, I would like to improve public knowledge and awareness regarding issues of anti-corruption, especially by enlisting the help of civil society and the media. If I can accomplish these three objectives during my term as commissioner, I will feel good about my performance.”
* Reports to the ACC may be made by calling their hotline from any mobile phone. On Africell: 077-985-985 or 077-986-986. On Celltel: 161
by ibakarr | Aug 11, 2016 | Uncategorized
The re-opening of Approved School by the Justice Sector Development Programme (JSDP) in collaboration with the Ministry of Social Welfare, Gender and Children’s Affairs in late May this year, is viewed as welcome news to Civil Society Organizations and other Non Governmental Organizations advocating for children’s rights, and a hope for children in conflict with in the law. Chapter 44 of the Laws of Sierra Leone 1960 makes provisions for the establishment of the Approved School, where a child or young person convicted of criminal offences is sent for rehabilitation instead of being sent to prisons as a form of punishment. However, the 11 year civil war in the country saw the facilities of school damaged and left in a dilapidated state. Though JSDP renovated the damaged school, it remained for some time because of the lack of funds to cater for basic necessities like food, recreational facilities, medicines, etc. As a consequence of this, juveniles awaiting trial and some convicted ones were remanded at the Remand Home in Kingtom, Freetown, whilst the bulk of convicted offenders were sent to prisons.
With persistent advocacy from Human Rights Organizations emphasizing the unfortunate consequences of detaining juveniles in prisons, the School was re-opened on the 21st of May, 2008. This article is therefore set to critically assess the status of the School including the welfare of inmates and proffers some recommendations.
STATUS OF THE SCHOOL
The Approved School is located in Wellington, on the outskirts of Freetown. It is the only school where children in conflict with law in the country are sent to serve their sentences after conviction. Recently rehabilitated by the Justice Sector Development Programme, the school is in a very good condition as all the structures are there. The compound is properly fenced with barbed wire at the top to prevent inmates from escaping. There are about three (3) dormitories in the School – two for boys and one for girls. Each dormitory has about twenty beds which are made of blocks and mattresses placed on top. There are two classrooms well furnished with chairs, tables and blackboards but with no teaching materials like chalks, books and pens. As a result, the classrooms are useless and always locked up. There is also a sewing room and an Art and Craft room. The sewing room consists of ten sewing machines with tables and chairs. These machines too are useless as there are no equipments like needles, threads, scissors, to name but a few. These problems render the school useless as it cannot at present perform its primary function, which is rehabilitation of the child. There are no games or sport activities for the children, not even a single football.
Although the initial aim of the school was rehabilitation, the provision of necessary services, such as schooling and counseling has been eroded over the years. There is also a hospital but lacks medical supplies as well as personnel to administer treatment to inmates when they fall sick. When inmates fall sick, the workers have to contribute out of their meager salaries and make claims later. Sometimes, their monies are not even reimbursed. The Convention on the Rights of the Child Committee has expressed its concern at the very poor conditions of juvenile detention facilities. The United Nations Rules for the protection of Juveniles Deprived of their Liberty (Rule 45) states; “The place of detention should be equipped with facilities to guarantee meaningful activities and programmes which would serve to promote and sustain their health and self, to foster their sense of responsibility and encourage those attitudes and skills that will assist them in developing their potentials as members of society.”
The dormitory for girls is occupied by the International Organization for Migration (IOM) to address the issue of child trafficking as there no girls in the school at present.
The School has about thirty (30) workers—19 prisons officers, who work on a shift basis, 1 officer in charge, 2 duty officers, 1 store keeper (volunteer), 1 matron and four cooks who are also volunteers. With regards electricity, the connection cables, bulbs, and other electrical appliances are in good condition but with no power supply. Kerosene lamps are used at night to provide light.
WELFARE OF INMATES
There were twenty-one inmates at the School at the time of visit on 14th July, 2008. Eleven were brought in from the Pademba Road Maximum Prisons, five from the Remand Home at Kingtom and the rest from the provinces. Their charges range from conspiracy, larceny, wounding with intent, to name but a few and their sentences range from one to three years. Some of the inmates are first time offenders and some have been detained for minor offences. This act is contrary to the Beijing Rules (sec 17(1c)) which says ‘The of personal liberty shall not be imposed unless the juvenile is adjudicated of a serious act involving violence against another person or of persistence in committing other serious offences and unless there is no other appropriate response’.
The above mentioned problem attests to the fact that the courts make very little use of alternatives to detention as prescribed in Cap 44 of the laws of Sierra Leone of 1960, The Beijing Rules, The Convention on the Rights of the Child, etc. Cap 44 expressly makes provision for alternative measure such as: discharging the juvenile with or without conditions; repatriation of the child at the expense of government; placing them under probation officers; imposing in certain instances fine in conjunction with another punishment or on its own. These provisions do not, however, provide the full range and variety that the CRC demands. Article 40 (4) of the CRC provides that “[a] variety of dispositions, such as case guidance and supervision orders; counseling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner proportionate both to their circumstances and the offence”. In Sierra Leone, the courts most times impose custodial sentences in lieu of using the alternative methods.
Inmates spend their time by working on the gardens, cleaning the compound or sitting down idly to while away their time. Even though they are fed three times a day, they however often complain of food insufficiency. They are allowed to move around the main court yard and are only locked up in the evening and are allowed to go outside under the supervision of a duty officer.
They lack basic necessities like clothes and some even go barefooted. The School also lacks mosquito nets which result to frequent complaints of malaria and to a lesser degree, typhoid with little or no medical attention. Three of the inmates need to undergo operations-2 for hernia and another suffering from a swollen foot.
Corporal punishment is rarely used except in cases where inmate(s) attempt to escape. One of the inmates was severely beaten by the Prison officers after a failed attempt. Sec. 33(3) of the Child Rights Act makes provision for corporal punishment to be repealed. There are other disciplinary measures such as cleaning the compound or working in the garden. The United Nations Minimum Standard Rules for the Protection of Juveniles Deprived of their Liberty provide that; “labor should always be viewed as an educational tool and as a means of promoting self respect of the juvenile in preparing him or her for return to the community and should not be imposed as a disciplinary sanction.” (UN Res 45)
In conclusion, it is clear from the above analysis that the Approved School fall short of international standards. The lack of teaching materials, recreational facilities combined with the increase in lengthy custodial sentences awarded by the courts, deny the juvenile of effective rehabilitation which is the core purpose of juvenile justice.
Recommendations
In order to attain international standard of rehabilitating instead of strictly punishing the child, the Ministry of Social Welfare, Gender and Children’s Affairs must see to it that children in conflict with the law are provided with basic facilities such as teaching materials for educational and vocational training to prevent them from becoming recidivists (recycled offenders). The provision of better medical care, improving facilities for exercise and recreation should be of primary concern. The construction of additional Approved Schools around the country in, at least the headquarter towns should be made a priority to avoid the transfer of convicted juvenile from the provinces to Freetown, away from their relatives; and also to avoid being detained with adults in prisons. Parents or relatives of inmates should be contacted as soon as they are sent to the school to inform them about their incarcerations as some of them I talked to told me that their parents are unaware about their detention.
by ibakarr | Aug 11, 2016 | Uncategorized
Under international law, there exists an obligation for states to give ‘prompt reparation’ to victims of violations of international human rights proportional to the harm suffered. When the Sierra Leone Truth and Reconciliation Commission (TRC) Report was released in July 2004, it required the government of Sierra Leone to take full responsibility of the recommendations made especially those it considered very urgent and time-bound. However since the launching of the report, not much substantive work has been done to implement the recommendations of the Report. Even the establishment of the Victims’ Trust Fund has not yet been achieved- a fund which is to set the pace for the reparations programme to begin. Besides there exists a number of issues to be addressed before any long-lasting reparations programme could be achieved. Among these issues include the absence of a data-base system for war victims through which they could be easily identified and located. This article will examine some of the challenges the reparations programme might confront during the implementations process and suggests some possible approaches towards surmounting these challenges.
The issue of political will was not robustly demonstrated by the previous government towards the reparations programme. This was identified as a stumbling block to the speedy implementation of the reparations programme. An initial report produced by the Taskforce set up by the government to look into reparations issues in early 2007 noted in its recommendations to government that the Act establishing the National Commission for Social Action (NaCSA), the lead government agency for reparations, should be reviewed. This recommendation was made on the grounds that the NaCSA Act expires in 2008 and for the Act to include reparation for victims of the conflict. At the moment the implementation of the reparation programme cannot be carried out if NaCSA’s Act is not renewed.
Another challenge to be met by the reparations programme is the identification of particular victims of the conflict such as victims of sexual violence and children 18 years or below during the war whose parents were killed during the conflict. The TRC Report recommended that this category of children be specially provided for during the reparations programme due to the fact that they are deemed to be amongst the most vulnerable groups in society. But identification of this group of children poses a very serious problem when one considers that children victims of the conflict including these children would now be far above eighteen years and may not be easily located without risk including others above eighteen who would simply want to take advantage of the process by claiming to have lost their parents during the war..
In addition, there is currently a lack of a comprehensive data-base system in the country for direct victims of the war. A data-base system will have to take into consideration the type of injury suffered by victims, their dependants, current economic conditions etc. Although there are plans by NaCSA to establish a database system for war victims as indicated by the visit of the team from the International Organisation for Migration in late 2007, yet this tedious process will also mean that reparations for the victims will not commence in due time until the database has been set up.
There is also the general problem of locating the victims nationwide and verifying them as victims of the war. The most obvious victims of the war are the amputees and those who lost other body parts such as fingers, toes or who suffered severe bodily injuries not easily noticeable. In addition, the question as to who are the real victims of the war arises when one considers that there may be many similar kinds of injuries sustained by other people which may not necessarily be as a consequence of the war. How can these be distinguished from the real war victims considering also that certain persons might want to take advantage of the process and gain certain benefits unduly? Also, how can victims of sexual violence claim reparations for their damage considering the social stigma attached to the crime of rape especially in the rural communities. How can the process be carried out to enable bolder women declare themselves victims of sexual abuse and at the same time do not stand the risk of being driven away from their marital homes by their husbands or being ostracized by their local communities. The traditional practice of forcing the rape victim to be married by the perpetrator should also be considered during the reparations programme.
Another important issue to be dealt with is the question of what must constitute a reparations package. Many people including war victims themselves often think or prefer financial compensations as the package for reparations. Although financial compensation cannot be ruled out, yet there is the risk of emphasizing it as the overall measure prepared by the programme. Many issues may constitute a reparations package including the provision of medical facilities for victims especially those still suffering from their injuries such as victims of sexual violence and those still in need of medical attention, provision of psycho-social services such as counseling, trauma healing etc.
There is also the problem of identifying reliable sources of information on victims from all parts of the country. This problem is most severe when one considers that available information on war victims is scarce. However, some organization may be consulted to provide some information on victims they deal with. For example, Amnesty International may be consulted on victims of sexual violence following a report the organization launched in November 2007 calling on all stakeholders to address the physical, social and psychological needs of victims of sexual violence. Other international organizations may be consulted for more technical and expertise knowledge. Organisations such as REDRESS can be very instrumental in providing training resource materials for the process. In addition, the International Centre for Transitional Justice (ICTJ) may be consulted for expert knowledge on reparations issues; and the International Organisation for Migration (IOM) for knowledge in establishing data-base systems.
Another problem is the question of how can Sierra Leone gets other countries mentioned in the report to participate in the reparations programme without jeopardizing the national diplomatic and bilateral relationships with those countries. The countries mentioned in the report include Libya and Burkina Faso. On the whole the reparations programme will have to grapple with a host of challenges which if not comprehensively dealt with will result negatively on victims’ human rights.
See UN, “Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law”
