by ibakarr | Apr 10, 2018 | Blog
Dear President Bio,
Let me take this opportunity, on behalf of the management and staff of the Centre for Accountability and Rule of Law, to formally congratulate you on your election as President of the Republic of Sierra Leone. It was an honourably earned victory and I wish you and your government a successful tenure over the next five years. I hope that you will remain committed to implementing your pre-election promises, and you can count on the leadership and staff of CARL to support your administration in achieving those promises. (more…)
by ibakarr | Mar 12, 2018 | Blog
Ebola Survivors, Centre for Accountability and Rule of Law file a human rights violation complaint in the ECOWAS Court against the Republic of Sierra Leone
Briefing Paper
Between May 2014 and March 2016, there was an outbreak of an Ebola epidemic in Sierra Leone, which according to the World health Organization (WHO) recorded a total of 14,124 confirmed cases and 3,956 deaths. Many of those deaths included healthcare workers who took on the task of containing the outbreak. The outbreak affected other countries in West Africa, including Guinea and Liberia. The Ministry of Health was tasked with the responsibility to coordinate the country’s response, mobilize and manage resources, and contain the outbreak. (more…)
by ibakarr | Feb 28, 2018 | Blog
Barely a week before the General elections scheduled for March 7, 2018, the Centre for Accountability and Rule of Law (CARL) is pleased to share with you a synopsis of the proposed programmes or manifestos of three political parties, including the Ruling All Peoples Congress (APC), the main opposition Sierra Leone People’s Party (SLPP), and the National Grand Coalition. We should note at the outset that despite many requests from the three other political parties that participated in this year’s Presidential debate, they have regrettably failed to share a copy of their manifestos with us. (more…)
by ibakarr | Aug 9, 2017 | Blog
CARL expresses grave concerns over failure by MDAs to submit financial statements to Audit Service Sierra Leone; urges Parliament and Ministry of Finance to intervene
The Centre for Accountability and Rule of Law (CARL) is gravely concerned about the failure, neglect or outright refusal by a number of public institutions to submit the required financial information for the purpose of conducting the annual national audit. A public statement issued on 7th August, 2017 by Audit Service Sierra Leone listed 29 (twenty nine) public institutions which, it says, have failed to submit their financial statements for the 2016 Financial Year. The notice added that some of the defaulting institutions have not been audited since they were established.
Under the Public Finance Management Act 2016, the vote controller of every entity is required to submit financial statements to the Auditor-General within three months after the accounts of a financial year are closed.
“The statutory stipulated period for public institutions to submit the required financial statements expired more than four months ago, and their failure to comply does nothing to enhance their reputation. Whatever the reasons may be for their failure, it is simply unacceptable and should not go unpunished”, said Ibrahim Tommy, the Executive Director of CARL.
The 1991 Constitution of Sierra Leone mandates the Auditor-General to audit the Public Accounts of Sierra Leone and all public offices, including the accounts of the central and local government administrations, universities, public institutions, statutory corporations and other bodies established by an Act of Parliament. The Public Finance Management Act 2016 also empowers the Auditor-General to request any information, books, records, returns, and documents for the purpose of conducting audit from a public entity.
“Citizens have a right to know how their tax monies are utilized and public servants who are paid to manage the country’s resources have a responsibility to give a full account of their stewardship to citizens. The Auditor-General’s job of examining and certifying public accounts is a constitutional requirement and the need to promptly respond to information requests is not only the right thing to do, it is also a legal obligation”, he added.
This conduct should excite the keen interest of every well-meaning Sierra Leonean as this appears to be the latest tactic devised by some public officials to undermine the mandate of the national audit office.
CARL calls on the Ministry of Finance and the Sierra Leone Parliament to support the efforts of Audit Service Sierra Leone in ensuring that the defaulting institutions submit the required financial statements. Parliament’s financial oversight functions and the Ministry of Finance’s job of ensuring fiscal discipline are significantly enhanced when the Audit Service is able to discharge its mandate effectively.
CARL urges the Ministry of Finance to suspend the participation of the defaulting agencies in the on-going budget process. We also urge the relevant parliamentary committees to summon the heads of the various institutions to provide convincing explanation for their failure to comply with a statutory requirement.
We also urge the government, particularly the Law Officers’ Department and the Sierra Leone Parliament, to enact tough laws that empower the Audit Service Sierra Leone to take action against such defaulters.
Over the last five years, reports by the Audit Service Commission, including the Ebola Audit report, have shown that public institutions have failed to account for millions of United States dollars. It is worth noting that among the twenty-nine defaulting institutions are the highest recipients of state resources and revenue-generating institutions. Unless citizens are convinced that public officials fully account for the resources they manage on behalf of the people, the challenges that government faces in its relationship with citizens can only be compounded. At a time most countries are tightening fiscal discipline and developing strategies to better manage their resources, Sierra Leone cannot afford to do otherwise.
#THE END#
by ibakarr | Aug 11, 2016 | Blog
The degree of silence and seeming secrecy surrounding the six RSLAF and other service personnel, namely; Private Tamba Sheku 18177830, Private Momoh Kargbo 18180259, Private Gbessay Koroma 18178603, Private Alpha Mansaray 18182001, Warrant Officer 2 Frederick Wallace Johnson and Private Mustapha Quee 18180146, having been apprehended for an alleged mutiny attempt, creates an obscure image on the minds of Sierra Leoneans who are now concerned about the fate of the detainees, who were arrested and detained in August 2013, in relation to an allegedly foiled mutiny attempt in Teko Barracks in Makeni.
The government of Sierra Leone, through a press release, had earlier informed the public that: “findings have now been submitted to the Office of the Attorney-General and Minister of Justice for necessary action.” Since then, one may not be wrong to say that the matter has been treated with laxity. This has left the public awe-struck, given the complexion of the matter as an issue of national security and a concern for the state’s stability. It is therefore afflicting to see the government drag its feet on a matter as grave as this.
We are not oblivious of the fact that the peace and security of the wider majority of Sierra Leoneans should not be risked for the interest whatsoever of a few, and that such an issue should be treated with utmost care. That does not however remove the assumption of innocence until proof of guilt; neither does it negate the need for a conventionally timely trial where the rule of law operates.
There is some legitimate apprehensiveness about the fact that for almost three (3) months now, no charges have been brought against the detainees, leaving room for doubt as to whether the prosecution in fact has enough evidence to bring charges against them. And that they are being held, since 12th September 2013, in what seems to be a secret location, begs the question of whether the constitution of Sierra Leone applies to the rights of military personnel?
We are also concerned that such procrastination in delivering justice to military personnel has the odd potential of undermining the peace and security of this nation, in the sense that it might sometimes provoke an ill-conceived esprit de corps. This is said in consideration of the fact that the military all over the world, is known for a peculiar sense of fraternity. It is hoped that without being verbose on this front, our concerns would be taken heed of.
Col. Michael Samura, Director of Public Relations and Information at the Ministry of Defence, is quoted in Vol. 17 of the Concord Times newspaper, Oct. 17th 2013 edition, to have said that the military was not in a hurry to charge the men to court “because this has to do with their lives”. On the contrary, I believe that is the more reason they should have been standing trial by now, otherwise the situation would only leave the public with a classic Catch-22: namely, what if the men are actually guilty and the government is shoving the matter under the carpet; or perhaps there is no genuine ground on which to establish their culpability, and someone is just holding another down because he is on top? By the doctrine of the rule of law, the constitution is the ultimate law of the land. The military have their own set disciplinary standards. Agreed. That should not however make anyone forget the indisputable fact that no other law or set of rules supersedes the 1991 Constitution of Sierra Leone.
My biggest gripe is that public officials, who should be concerned in one way or the other, seem either not to know or not want to say anything about an issue of such importance. This does not auger well for our justice system.
A classic example of the incomprehensible reluctance on the part of public officials to comment on the issue was demonstrated in the encounter between CARL’s monitors and Principal State Counsel, Monfred Sesay Esq., at the Law Officers Department when, in September 2013, in the absence of the Acting Director of Public Prosecution, Mr. Sesay was approached on the matter with a number of questions regarding the current status of the case. He refused to comment further than a dismissive comment: “I can see that you are very ambitious; unfortunately the Freedom of Information Bill has not been passed. On that note, I advise that you see the Attorney-General himself.” On leaving the office disenchanted, I couldn’t help but despondently ask my colleague: “is there any degree of irresponsibility or incompetence in giving out information such as relates to how many men were arrested, whether they have had the opportunity to speak to lawyers or family members, whether they have been charged of any particular offence, or whether they have ever been arraigned in any court since their arrest in mid-August, or is there anything so classified about any of the questions?” Not likely, I think.
Then there was an additional layer of disappointment when I asked the same questions of the Director of the Legal Directorate, Ministry of Defence, Col. I. M. Koroma, on an earlier visit. He also declined to comment further than stating that the men had been initially held by the military and that their case was now being handled by the CID, adding that he was sure they were not being held unlawfully because “ a Delay Report is being filed since investigation is still not completed”. A Delay Report is a sanction in military legal penal practice that justifies why the military still holds in detention an accused person without initiating legal action, pursuant to the Armed Forces of the Republic of Sierra Leone Act 1961, Section 77 (2). We do not however know how strictly this requirement is being adhered to or whether it has any limitation so as to prevent the use of the said authority ultra vires, and to ensure that it does not run repugnant to the constitutional provision on the fundamental human rights and freedoms of the individual as upheld in Section (17) of the Constitution of Sierra Leone, Act No 6 of 1991. After all, it is universally believed that a bylaw must not be repugnant to the general law of the country.
This disinclination on the part of public officials to make the public reasonably au fait with their work has grossly frustrated efforts to get relevant information and guidance on the said matter. Consequently, an issue of national interest has been rendered esoteric, if one cannot say it has degenerated into a mystery.
It is therefore judicious for the prosecution to proffer charges against the men and have them arraigned in the relevant court if there are indeed sufficient grounds to do so. Otherwise, it will only be proper to release them, if justice is to be had.
by ibakarr | Aug 11, 2016 | Blog
For most women and girls in the Bombali District, northern Sierra Leone, accessing justice has been far more arduous than manually tilling acres of farm land in a day. This assertion illustrates the near impossibility of most victims, particularly of sexual and gender-based violence (SGBV), to access justice. For many, it has been not only about the absence of a complaints mechanism, it has been about a feeling of lack of protection to even file a complaint as it would expose them to community ridicule and discrimination. This, naturally, only encouraged perpetrators to revel in impunity. Little wonder incidents of SGBV occurred more in the Norther Province in 2010 and 20122 than in all the other regions of the country.
Reducing the prevalence of SGBV and enhancing access to justice for victims was the main reason TROCAIRE partnered with the Centre for Accountability and Rule of Law (CARL) in 2011. At the inception of the project, CARL carried out a number of activities aimed at ascertaining the level of prevalence, public attitude towards women’s rights and access to justice, traditional beliefs and practices, as well as the capacity and reach of accountability mechanisms such as the police and the courts. The outcomes of these efforts showed that there was need to transform social and cultural norms, rebuild family and community structures and support systems, strengthen the capacity of existing justice service providers, and work with the informal justice mechanisms to ensure their practices conform to international human rights standards. In addition to the other limbs of the strategy, there was need to also employ a beneficiary-ownership approach through local participation or activism.
This was why 37 persons from 12 communities in the Bombali District, were encouraged to serve as community-based monitors in their respective communities. The volunteers immediately received training in different skills that relate to preventing and responding to SGBV. These skills include advocacy, mediation and intervention. They also received training regarding the gender laws and human rights. Their participation has helped transform practices and attitudes in many respects. In communities like Makeni Lol, Makump Bana and Mabolleh, for instance, there was such a culture of secrecy that victims of SGBV never dared to report to either chiefs or the police (where there was police presence). That ‘culture of secrecy’ is slowly ebbing away, thanks to the sustained efforts of community-based monitors. Their ability to mobilize and coordinate large community meetings to discuss SGBV-related issues has been phenomenal. The fact that these sessions have been led fearlessly by women and men of the same community has inspired other members to step up and speak out.
Before the project commenced in 2011, the acceptability level for domestic violence, particularly wife battery and economic violence, was embarrassingly high. Most community members thought, for instance, that wife battery was a ‘private’ affair between husband and wife, and that it would be rude or sheer “busy body” to intervene. This perception has changed since community-based monitors started intervening and educating the community about its role in protecting the rights of not only women, but vulnerable members of the society.
Even when SGBV-related offences fell outside the jurisdiction of local courts and traditional leaders, perhaps out of ignorance or limited options, victims had to seek justice through traditional authorities or local courts. Unfortunately, the outcome was mostly disastrous for the victims.
Today, more victims turn to community-based monitors for support in terms of accessing justice. They have been helpful in mediating between disputing couples, and have also helped victims file complaints with the police. Part of the reason is that the volunteers are more proactive and less likely to be influenced by cultural and traditional beliefs. Community-based monitors are simply performing a complementary role rather than competing with local authorities. They’re willing to go to far-flung communities where there is no police or local court, regardless of the time.
There were reports of police officers asking for bribe, court personnel and witnesses unduly influenced, and sometimes family members paid to resolve such cases out of court. Physical access to justice has also been a challenge. This frustration is sometimes worsened by the time and cost it attracts. There are still challenges, of course, but the monitors have helped reduce some of the unhealthy practices both by local court personnel as well as traditional authorities.
The monitors are currently based out of 12 communities in the Bombali Shebura, Makarie Gbanti, Paki Masagbo and Safroko Limba chiefdoms. There are many more communities within these chiefdoms which do not benefit from the services of community monitors. Since these communities are in many ways connected, victims in neighbouring communities are now turning to community-based monitors for help – not only for access to justice for SGBV-related issues but human rights related problems. Isatu Kamara, a resident of Gbarie village (3 miles from Yelisanda – one of CARL’s project communities), is married to Pa Sorie Kamara with 3 kids. For several years, Isatu believed that physical violence was wrong but a victim had no right to report it unless there was evidence of physical injury. This was how Isatu lived in a violent, abusive relationship waiting for that “opportunity” to sustain injury from her husband’s cycle violence before she could file a complaint with the police. During an outreach event organised by CARL’s community-based monitors in Yelisanda, this erroneous perception was cleared up by them. She spoke about how she had repeatedly suffered violence in the hands of her husband, but in light of whae she had learnt, vowed to report all future acts of violence on her. Indeed, she did contact the community-based monitors for help after her husband beat her up. The alleged perpetrator was invited to the Family Support Unit of the police, which dealt with the matter professionally.
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