Kambia District’s Sexual and Gender-Based Violence Score Card

by ibakarr | Dec 8, 2014 | Uncategorized

The Centre for Accountability and the Rule of Law (CARL) is implementing a gender programme entitled “Enhancing Access to Justice for Sexual Gender-Based Violence (SGBV) Crimes in Kambia District”.

This project, funded by the United States’ Government’s SGWI, aims at ensuring that victims of sexual and gender-based violence have access to justice and that perpetrators of such crimes are held accountable for their crimes. In order to assess progress in the fight against sexual gender-based violence in the district, CARL organized a workshop in the community to develop a score card.

The community score card was developed as an accountability tool to ultimately bring community people (right holders) and duty bearers (Family Support Unit, medical personnel, local court personnel and personnel of the Magistrate Court) together to discuss the way forward and to hold service providers accountable for their actions.

On Day One, participants were drawn for the 13 communities that CARL operates in and they all agreed on indicators that would help them assess the progress or otherwise of efforts to enhance justice and accountability for sexual gender-based violence in Kambia. They agreed on the following indicators:

• Strong and prompt community response to incidents of sexual and gender-based violence, including by breaking the culture of silence on sexual and gender-based violence in the district
• Prompt Family Support Unit responses and support from traditional leaders/courts on issues of sexual gender-based violence
• Effective administration of justice in dealing with sexual gender-based  crimes
• Free medical examination and report for sexual and gender-based violence victims

After agreeing on the above indicators, the community people were asked to give their assessment of each of the indicators above. The Family Support Unit was the first they looked at since it is the only body authorized to investigate and prosecute cases of such nature. What came out clearly during the meeting with right holders (community people) was that FSU personnel were doing their best to fight SGBV; although the FSU continues to encounter some challenges with the community people.

They agreed that there is a general willingness on the part of the FSU personnel to investigate incidents of sexual abuse, especially if the complaint was filed by monitors trained by CARL. There are cases for which FSU personnel move to the crime scene to investigate, while for some others, community people have to move victims to FSU headquarters in Kambia and this often involves money, the lack of which sometimes pose a key challenge in the fight. They complained that there are times when FSU personnel have had to request transportation fare or money for fuel from victims and their parents to visit the scene of the crime; and at some other times the victims or their parents provide a photographer to take photos for evidence. Worse still, they reported that some investigation officers/ social workers ask for tokens from victims.

Secondly, the local court was examined to see how they dispense justice especially in women and children’s issues. Some of the comments made by the community people regarding their knowledge of the current state of affairs in their community include the following.

• Local court chairmen do not adjudicate rape or sexual penetration cases; rather, they refer such cases to the FSU, especially local courts in CARL’s operational communities. They did say, though, that there are serious challenges that confront the local courts.
• Paramount chiefs no longer allow out of court settlements for SGBV related cases, and this is as a result of the training they have received from CARL
• Community monitors and traditional leaders are in the fore-front in helping to prevent violence against women in their respective communities

Moreover, the community people believe that if medical practitioners began to give free medical examination and report, it would help a lot. But as things are now, doctors do not charge a fee for alleged raped cases, thanks to the intervention of CARL’s staff. However, some other medical personnel still ask for fees for medical examination and reporting, and others often treat victims in unfriendly manners. They still ask victims of domestic violence to pay fee, even though the Domestic Violence Act 2007 proscribes it.

In the area of administration of justice, the Magistrate Court was assessed to ascertain the way they conduct preliminary investigation in sexual and gender-based violence cases. The community people are of the opinion that if the issues mentioned below about the Magistrate Court are addressed, the administration of justice will be a lot more expedited and public confidence in the local justice system will be restored.

• The absence of a High Court in Kambia  hinders access to justice for victims as they often lack money to cover the cost of transportation for themselves or witnesses to appear before High Court in Port Loko District
• There is no resident magistrate in Kambia and cases are delayed as a result of that
• There are too many adjournments leading to prolonged trials; another cause of onerous financial costs on victims and their parents

On the second day, the same workshop was organized for law enforcement officers (mainly the FSU), justice officers (Local Court and Magistrate Court officers) and health workers. During the workshop, participants (duty bearers) were asked to discuss the challenges they face in doing their job. The following are some of the major highlights of the challenges they articulated.

1. Local court officials complained about external interference in the course of justice as one of the challenges they encounter. For instance, most times when dispensing their duties they are forced to move a case to another court, or asked to settle the matter even when they are supposed to refer to the FSU or the court. The only exception was SGBV-related cases. All of such cases, particularly in CARL’s focus communities, are referred to the FSU.
2. The FSU complained about the lack of logistics to carry out their duties effectively. There is a deficient supply of vehicles or motor-bikes, cameras etc, all of which are badly needed to boost their work.
3. The FSU have limited office space—they currently occupy a single room.  It is often difficult to conduct interviews with victims, with other activities going on in the office simultaneously.
4. Medical practitioners complained about insufficient protective gears to do medical examination.
5. Local court personnel complained about non-payment of salaries for 3 years.
6. Although the law provides that only a certified medical doctor should do medical examination, the situation on ground is totally different, as medical doctors are not always present and even when they are, they are too busy with other duties.
7. There is lack of forensic capacity in the district and this negatively affects the credibility of medical evidence and such evidence presented in court.
8. All participants complained about poor conditions of service which they said has continued to dampen motivation in their various fields.

After highlighting their various challenges, they were asked to explain their dealing with victim of sexual and gender-based violence. The medical practitioners who are supposed to give factual evidence after conducting examination and report said that they do free medical examination and report based on the case at hand. A medical fee for domestic violence is paid on a case by case basis. Where violence is meted out by a stranger, the victim is required to pay for medical examination, but where violent conduct is perpetrated by a spouse, no fee is charged for medical examination and report. For all rape or sexual penetration cases, medical examination and certificate are free.

The Magistrate Court was also evaluated and some of the findings were that:

• There is no resident Magistrate in Kambia District, as the Magistrate in question covers Kambia, Port Loko, Masiaka, Lungi and Lunsar. This causes delay in court proceedings as alleged perpetrators are remanded for three weeks while they wait for the Magistrate to hear their case.
• When there is a Magistrate however, there is often speedy preliminary investigation for sexual gender-based violence cases.
• Victims/witnesses access to court is mostly constrained when cases are adjourned so many times, as this often comes with increased transportation costs. FSU personnel had sometimes had to bear the cost of transportation for their witnesses.
• The High Court Judge is over-burdened as all of these cases end up in his court, which sometimes cause delays in proceedings.

Family Support Unit personnel raised the following issues relating to their work around sexual gender-based violence issues in the district.

• FSU personnel have always provided prompt response when there have been incidences of SGBV, especially rape and sexual penetration have occurred
• FSU covers only 4 chiefdoms in Kambia District, which means 3 more chiefdoms in the district have no FSU personnel or services
• There is no hotline for FSU personnel in the district, and as a result victims in areas where FSU personnel are absent either have to travel all the way to Kambia to seek justice, or engage in out-of-court settlement, as the case may be

At the end of the discussion, a consensus was reached between the community people on one hand, and law enforcement officers and service providers on the other, that all the claims made and issues raised by each party involved were genuine and reliable, and that all parties would continue to work in concerted efforts to minimize incidences of sexual gender-based violence in the district.

Grassroots, African community solutions to health crises.

by ibakarr | Nov 21, 2014 | Uncategorized

Grassroots, African community solutions to health crises.

DERSWA: Africans, leading their communities to solve the current Ebola Epidemic and build the capacity to prevent future health crises. (CLICK) http://www.derswa.org/

ADDRESSING VIOLENCE AGAINST WOMEN REQUIRES COLLECTIVE EFFORT: CARL IS MAKING SOME EFFORTS IN KAMBIA DISTRICT

by ibakarr | Sep 8, 2014 | Uncategorized

Sexual and gender-based violence (SGBV) is very common in Sierra Leone, and the fight against it is imperative. The Centre for Accountability and Rule of Law (CARL), with the help of its community-based monitors, is leading the fight against SGVB in Kambia District, which continues to experience its fair share of the problem.

Perhaps one of the challenges faced by CARL’s monitors is that some community people are not helping in the fight against such crimes, as many of these cases tend to be compromised by influential members of these communities, thereby risking protection of perpetrators from being accountable for the crimes they commit. Sadly, the Sexual Offences Act 2012 does not criminalize out-of-court settlement for such crimes. Although the original draft of the bill criminalized out of court settlement, the Rules of Court Committee reportedly expunge that clause from the bill before it was passed. Why or how did they reach such a decision is everyone’s guess. There are still tendencies for SGBV cases in Kambia District to not make it to the courts, and be resolved by compromise between the perpetrators and mostly the relatives of the victim or traditional leaders.

There are instances wherein community people aid alleged perpetrators to escape justice. Many a time when cases of such nature are reported to the police, prompt action such as arresting the accused, is hindered by family members and friends of the accused. Often, they will inform the accused beforehand about the presence of the police, try to hide conceal his location, and sometimes even assist him to flee from the jurisdiction. Sometimes this is because the parents or relatives of the alleged victim may have accepted an out-of-court settlement with the alleged perpetrator.

This, coupled with the fact that the Family Support Unit (FSU) are present in only some, and not all, of the seven chiefdoms in the Kambia District, is one of the reasons a huge number of such cases is still only kept in view. Out of the 101 cases of sexual and gender-based violence cases that were reported in 2013 to the FSU in Kambia, 40 cases are still kept in view, as most of the accused have since left the jurisdiction or are hiding from the grip of the police.

CARL has been monitoring a case of sexual penetration involving a nine-year old girl, who was sexually penetrated by a thirty-year old married man in one of the communities it works. The incident was only reported to the Family Support Unit due to the intervention of CARL-trained community monitors in that particular village. The community people tried all they could to stop the victim’s parents from reporting the matter to the police. As if that was not bad enough, they also called on other influential members of in the District to settle the case at the FSU station in Kambia. Some prominent members of the community, friends and family members of the alleged accused went to the station to negotiate an out-of-court settlement and for the accused to be released to them on bail. The head of the FSU did not mince her words in informing sympathizes of the accused that her institution would not condone such a practice, and that they should go to court if they wanted the accused to be release on bail. CARL would like to use this opportunity to thank the head of the Family Support Unity and her team of vibrant personnel for their robust action in handling this case.

In another development, a primary school girl, aged 15 years was about to be given into early marriage by her parents in one of our target communities. CARL’s monitors took prompt action by informing our office in Kambia, after which our staff, with the aid of Family Support Unit personnel, intervened to stop the parents from violating their daughter’s right. On reaching the village, the team was surprised to find out that the entire family, including the alleged victim, had fled the village for an unknown destination.

Similarly, a 12-year old girl was forcefully removed from school to be initiated into the “Bondo” society, where she was sure to undergo female genital cutting and subsequently be given into marriage by her single parent mother. Fortunately, the older brother of the young girl went to our offices in Kambia pleading for our intervention into the matter; “I want my sister to be educated”, he said. We acted promptly and stopped the mother from carrying out the said violation. The girl is currently in Class Six, preparing to take entrance examination into high school.

The above mentioned practices by some community people in Kambia District is undermining efforts to provide access to justice and accountability for victims of sexual gender-based crimes. They’re creating serious impunity gaps. Thus, the collective efforts of government, community people and civil society are needed to put an end to sexual abuse and its odd outcomes—teenage pregnancy, reproductive health hazards, child motherhood, and early marriage.

The Government has taken meaningful steps by enacting laws that seek to prevent and punish sexual and gender-based violence, and establishing institutions to implement the law, even though there are still implementation gaps and challenges. It is therefore crucial that local communities act positively to compliment the effort of the government, by, for example, helping to bring perpetrators to be accountable for their actions or crimes, allowing their children to attend school, thereby working together with the government to make sure that the high rate of teenage pregnancy and teenage motherhood is reduced in their respective communities. The law won’t make any impact, if those that the law seeks to protect are not making use of it or working in line with it. For its part, CARL will continue to raise awareness about the gender protection and empowerment laws, and to address other human rights issues in Kambia District through community outreach, radio discussion and airing of jingles so as to ensure that victims have access to justice when their rights are violated and that perpetrators are held accountable for their crimes.

CIVIL SOCIETY GROUPS URGE THE SIERRA LEONE POLICE TO BE ACCOUNTABLE

by ibakarr | Sep 8, 2014 | Uncategorized

Accountability is the key cog in the governance machinery of every democratic state. The Sierra Leone Police (SLP), like all state institutions, should be accountable as it is a critical ingredient for the police’s ability to maintain law and order. Police accountability is a universal concern. Each country is constantly struggling with how its police should use their powers effectively in line with its laws and policies.  In Sierra Leone, police accountability is a key public concern that has generated much interest in how the SLP should hold itself accountable.

To provide a space for a genuine debate between citizens and the police force, the Center for Accountability and Rule of Law (CARL) on July 2 organised a seminar on Police Accountability. Participants were drawn from around the country, representing civil society organizations, state institutions, the media and individuals working on justice and security related issues. Among the key highlights of the discussion were the issues facing vulnerable groups who come in conflict with the law in three main areas: (a) public order offences, (b) offences against persons and (c) larceny related offences.

The objective of the seminar was to address critical issues relating to police accountability and to proffer recommendations for improving the mechanisms set up by the police to foster internal accountability. The goal was to help rebuild citizens’ trust in the SLP as a Force for Good. Participants raised a considerable number of issues relating to police accountability, as highlighted below.

To start with, participants raised the point that complainants or victims of crimes face many obstacles at the preliminary stage of accessing justice, which mostly involve the police. The participants accused the police of requesting payments from complainants, even for minor complaints, which is burdensome for most complainants. Thus, corruption and the lack of transparency in the way police investigations are conducted, were identified as factors impeding the proper administration of justice.

There was also concern about the low level of efficiency, professionalism and discipline within the police force. A number of reports indicate  that soliciting bribe to perform their legal duties, prejudicial treatment of certain matters, unlawful detentions, violation and abuse of citizens’ rights, and undisciplined behavior are some of the challenges facing the police. These have contributed immensely to creating a tainted reputation for the Sierra Leone Police. The leadership of the police must step up efforts to address these issues.

It was also noted that police accountability mechanisms needed reform, with particular concern raised about the composition of the Police Council, which by Section 156(1) of the 1991 Constitution of Sierra Leone, has the Vice-President of the Republic of Sierra Leone as its Chairman. Many of the participants believed that such was a recipe for government or political interference with the work of the police.

The Independent Police Complaint Board (IPCB) also came under scrutiny. Although the IPCB is completely staffed by civilians, it has limited jurisdiction, as it can only hear complaints made against senior and not junior personnel.

This leaves doubts as to how effective such a mechanism would be if it does not administer justice indiscriminately.

The view was also expressed that there was need for publicity of the work of the Complaint, Discipline and Internal Investigations Department (CDIID). The CDIID should embark on massive public education about its work and the discipline regulations for the police. Participants also recommended that the CDIID provides regular update to the public on the disposition of cases and provide clear guidelines about how a complaint is investigated and resolved.

Most participants were of the view that the ipants proffered the following recommendations toward improving police accountability:

recruitment process of the police needed reform, noting that the process often lacks transparency and is often not  independent of political interference, which was perceived to have a causal link to the high incidence of unprofessional conduct among some personnel. At the end of the seminar, the participants proffered the following recommendations toward improving police accountability: Public education and feedback on the CDIID’s activity should be done on sustainable and regular bases to enhance public awareness of the CDIID’s work. There is also need for the CDIID to provide a website or a toll-free hotline for citizens to file complaints. The Independent Police Complaint Board (ICPB) should work hand in glove with the CDIID to avoid some of the mistakes of the latter. It was also recommended that a mechanism needs to be created whereby persons aggrieved with the decision of CDIID can file an appeal with the IPCB.

It was also recommended that the Police Council be reformed. In particular, the participants suggested that to make the police more independent and accountable to citizens, the Police Council should be constituted and headed by apolitical groups and persons. They also reiterated a strong need for the implementation of the United Nations Rules for Treatment of Female Prisoners.

It was also recommended that entry requirements into the police force be raised in order to build a more professional and educated police force. In addition, the leadership of the police force should organize/fund refresher training courses for police officers, particularly those who investigate crimes or respond to riots. The need to improve salaries, involve  relevant stakeholders such as civil society organizations and community leaders in the selection and recruitment processes of police officers, and to consistently monitor the activities of police personnel was strongly recommended. Going forward, establishing and operating  a coherent chain of command and management structure; incorporating transparency and accountability standards in investigation procedures; ensuring an independent civilian  oversight of police activities, and prudent and accountable use of available resources and processes are critical for an effective police institution. These recommended reforms are critical to ensuring that the Sierra Leone Police perform their duties to the highest professional standard possible.