Addressing impunity for Sexual and gender-based crimes requires a fully-funded and effective Family Support Unit (FSU)

Addressing impunity for Sexual and gender-based crimes requires a fully-funded and effective Family Support Unit (FSU)

By Isata Sowa

Violence against women and girls is endemic, and it represents a major human rights concern across the globe. The World Health Organization estimates that one third of women and girls worldwide experience violence at some point in their lives. This statistic may only be the tip of the iceberg, as many acts of violence remain largely unreported due to fear of stigma that victims may face after reporting either at the police or community level.

In 2012, several local and international organizations, including the Centre for Accountability and Rule of Law, successfully campaigned for the enactment of the Sexual Offences Act (SOA) – a landmark piece of legislation to combat sexual violence, provide support to victims and survivors, and hold perpetrators to account. Since the passing of the SOA, CARL has intensified its work at the community level to raise awareness of the law, mobilize communities to help prevent and ensure accountability for violence against women and girls, monitor implementation of the law, and train local authorities and law enforcement officials on how to better handle cases of sexual violence and abuse.  In spite of these efforts – and perhaps because of them – there is an increase in reports of sexual and gender-based violence.

One may wonder as to why the increase in sexual assault cases, taking into consideration the stiff penalties provided in the amended Sexual Offences Act 2019. The picture looks grim and scary. On the 26th of June 2020, for example, the Rainbo Initiative reported that in just a day, the Centre treated over 53 survivors of sexual assault, penetration and abuse. As shocking as those figures are, the report reminds us of the urgent need to strengthen protection services for our women and girls.

There is clearly an acknowledgement of the seriousness of the problem at the highest level of the country’s governance structure. Evidence of that acknowledgement include recent legal reforms, a declaration of a state of public emergency against rape, the ‘Hands off our Girls’ project, the setting up of the Sexual Assault Syndicate (SAS), and the establishment of a functioning safe home for victims in Makeni. These steps are worthy of recognition, but they are far from being enough. In fact, given the increasing reports of sexual and gender-based violence – perhaps because of the increasing awareness and media coverage of the issue – one would argue that the FSU needs far more financial and technical support than it has received.

The Family Support Unit (FSU) was separated from the Criminal Investigation Depart (CID) over a decade ago so that it can work as an independent unit within the Sierra Leone Police. Ever since it was established, it has faced a lot of challenges ranging from limited workplace facility, personnel inadequacy, limited fleet, among others. Unless these challenges are addressed – and without delay – the FSU will continue to underperform in terms of executing its primary duty of investigating and prosecuting sexual and gender-based crimes. In addition to its investigation and prosecution responsibilities, the FSU also issues police medical reports for referral and medical treatment of victims/survivors, offers counselling services to victims/survivors, refers victims/survivors to service providers, monitors court proceedings, and makes follow up visit with victims/survivors.

Thanks to funding from Trocaire, CARL has been working with a number of partners to press for a dedicated budget for the FSU as well as to increase technical support to the institution. As part of the budget development process for the 2020 Financial Year, the Finance Department of the Sierra Leone Police included the sum of Le320,000,000.00 (Three hundred and twenty million Leones) for the Family Support Unit. Regrettably, not a single cent of that allocated amount has been transferred to the account of the FSU. This is certainly not how to support and strengthen the Family Support Unit. These funds are desperately needed to respond to the many persisting challenges that confront the FSU. We will continue to work with our partners, the Ministry of Finance and the Sierra Leone Police to ensure that the funds promised to the FSU for the 2020 Financial Year are transferred into their account, and as the process of developing a budget for 2021, more funds are allocated to the FSU in the years ahead.

Isata Sowa is the Project Coordinator of a Trocaire-funded project implemented by CARL that seeks to enhance access to justice for victims and sexual-based violence in Sierra Leone.

She can be reached at: isatsowa@gmail.com or +23279146200

Addressing impunity for Sexual and gender-based crimes requires a fully-funded and effective Family Support Unit (FSU)

Statement by Centre for Accountability and the Rule of Law on the just-concluded trial of Rtd. Major Palo Conteh, et al.

The Centre for Accountability and Rule of Law (CARL) welcomes the conclusion of the trial of Retired Major Palo Conteh and two others, and particularly applauds the expeditious nature of the proceedings. In April, Rtd. Major Conteh was arraigned on a 13-count indictment of conspiracy to commit treason or replace the government of Sierra Leone through illegal means. He was also charged with possessing a greater number of small arms than was specified in a license, and of carrying a loaded gun in a public place, contrary to the Arms and Ammunition Regulations 2014. Two others, Retired Colonel Saa Anthony and Prince George Hughes, were charged with abetting and procuring of an offence and making a false statement under oath, contrary to the Arms and Ammunition Regulations 2014 and the Perjury Act of 1911, respectively.

The trial lasted for three months. On 1st July, 2020, a jury of seven men and five women returned a verdict of “not guilty” in respect of all the treason-related charges against Rtd. Major Conteh. He was, however, convicted on the two lesser charges and sentenced to a term of twelve months imprisonment for each count. The sentences will be served consecutively. Messrs Sinnah and Hughes were both acquitted and discharged on all counts. Both parties have a right to appeal, and we sincerely hope that any appeals filed will be disposed of expeditiously in order to bring closure to these cases. We would further welcome a presidential pardon for  Rtd. Major Palo Conteh or his release on bail, pending the hearing and determination of his appeal. Full text of statement here

Addressing impunity for Sexual and gender-based crimes requires a fully-funded and effective Family Support Unit (FSU)

Sierra Leone Civil Society Endorses Nomination of Judge Miatta Maria Samba as Candidate for Judge of the International Criminal Court

Civil society organizations based and operating in the Republic of Sierra Leone have endorsed the nomination of Justice Miatta Maria Samba as Candidate for Judge of the International Criminal Court. In a statement signed by 21 organisations, civil society leaders in Sierra Leone endorsed the recommendation of the Judicial and Legal Service Commission and the decision of the Government of the Republic of Sierra Leone to nominate Justice Miatta Maria Samba for election as a Judge of the International Criminal Court in List A, for the term 2021 to 2030 for elections scheduled for the Nineteenth Session of the Assembly of States Parties in December 2020 in New York. Read the full statement below:

We, the undermentioned civil society organizations based and operating in the Republic of Sierra Leone on the 10th day of March 2020,

Recalling the recent history of the Republic of Sierra Leone in ensuring accountability for atrocity crimes through the Special Court for Sierra Leone (SCSL) and the important nexus to the work of the International Criminal Court and the effective functioning of the Rome Statute system in the fight against impunity for atrocity crimes, as part of the global efforts to end impunity,

Bearing in mind the reaffirmation of the Republic of Sierra Leone of its commitment and unwavering support for the International Criminal Court,

Taking note of the decision of the Bureau of the Assembly of States Parties to the International Criminal Court, taken on 18 December 2019, to open the nomination period for the election of six judges of the Court in accordance with article 36 of the Rome Statute and relevant resolutions; DOWNLOAD FULL STATEMENT  https://carl.org.sl/wp-content/uploads/2020/03/Justice-Miatta-Samba-Civil-Society-Endorsement.docx

 

 

 

Addressing impunity for Sexual and gender-based crimes requires a fully-funded and effective Family Support Unit (FSU)

CARL and ActionAid Sierra Leone Call on the Government of Sierra Leone to resume the Constitutional Review Process.

CARL and ActionAid Sierra Leone Call on the Government of Sierra Leone to resume the Constitutional Review Process.

Freetown – The Centre for Accountability and Rule of Law (CARL) and ActionAid Sierra Leone (AASL) today called on President Julius Maada Bio to immediately resume the Constitutional Review Process, pointing out that the importance of a progressive Constitution that guarantees equality and citizens most basic rights cannot be overemphasized. (more…)

Addressing impunity for Sexual and gender-based crimes requires a fully-funded and effective Family Support Unit (FSU)

CARL and AASL urge resumption of Constitutional Review, recommend a more extensive process

CARL and AASL urge resumption of Constitutional Review, recommend a more extensive process

The Centre for Accountability and Rule of Law (CARL) and ActionAid Sierra Leone (AASL) today called on President Julius Maada Bio to resume the Constitutional Review Process, pointing out that the importance of a revised Constitution that helps guarantee citizens most basic rights and promote equality cannot be overemphasized. CARL and AASL note that Sierra Leoneans agreed long ago that the 1991 constitution is flawed and that changes are needed to make Sierra Leone a more democratic and egalitarian society. CARL and AASL would like to remind President Bio of his publicly stated commitment to the constitutional review process in his remarks at the State Opening of Parliament in May 2018:

“In the New Direction, Government will commit itself to adhere to the rule of law and institutional reforms to maintain law and order in society. This will mean I will lead by example, demonstrating the necessary discipline to refrain from acting unconstitutionally and scrupulously respecting the rule of law in the best interest of national development and stability. Therefore, we endeavour to…examine the recommendations of the Constitutional Review Commission and the accompanying White Paper with a view to giving effect to them as much as is practicable.”

We urge the President to make good on his promise to examine the recommendations of the Justice Cowan CRC Report by announcing concrete plans for the resumption of the process.

“The constitutional review process started more than a decade ago, and in spite of the best efforts of local and international actors, the country is still stuck with a Constitution that is, in many respects, unresponsive to the aspirations and demands of a 21st Century democratic society”, said Ibrahim Tommy, Executive Director of Centre for Accountability and Rule of Law (CARL).

In 2013, five years after the Peter Tucker Constitutional Review Committee completed its work, President Koroma set up a new 80-member Constitutional Review Committee (CRC) with a mandate to resume the review in a transparent, participatory and inclusive manner. The final report, containing eight new chapters and 132 proposed amendments, was presented to the Government of Sierra Leone in January 2017. When ten years of work was presented to the president, State House dismissed everything of substance in a hastily-written Government  White Paper. What was left after being eviscerated by the White Paper wasn’t worth the money to put it out or even to print it.

CARL and ActionAid commend members of the Constitutional Review Committee, especially its Chairman the late Justice Cowan, for their firm commitment to ensuring that the dominant views of Sierra Leoneans featured prominently in the report. We note that while there is still room for improvement, the report contains brilliant recommendations which could help strengthen human rights and significantly improve governance in Sierra Leone. We urge President Bio to resume the process by, among other things, setting up a small panel of experts to review those recommendations with a view to making a more progressive constitution. Given the dynamic nature of society, we cannot let our laws become stagnant; certainly not the supreme law of the land – the Constitution. We urge you to revive the review process so that we can produce a new and better Constitution of Sierra Leone.

“Following the successful March 2018 elections, arguably the most important outstanding governance issues that needs to be addressed is the constitutional review”, said Aminata Lamin-Kelly, Governance Programme Officer for Action Aid Sierra Leone, adding, “It is critical to securing the medium and long term development aspirations of Sierra Leone”.

Thanks for the Partnership with Action Aid, CARL will shortly commences a series of meetings with principal government officials, including the Attorney-General and Minister of Justice, parliamentarians, and officials at State House as part of its advocacy efforts.

 

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