RULE OF LAW AND ACCESS TO JUSTICE

Access to justice is a basic principle of the rule of law. It enshrines the notion and enables people to exercise their fundamental human rights to redress.

Through our Rule of Law and Access to Justice programme, we undertake activities that enhance respect for laws and regulations and their fair application by public officials. Through these efforts, we ensure that public authority, law enforcement and justice institutions are held to account, and the delivery of criminal justice services is expedited. We also undertake advocacy aimed at ensuring respect for laws relating to public finance management, mining laws and regulations, local and international human rights standards, among others. Through research and publication, strategic engagement, public education, and impact litigation, CARL works cooperatively with relevant actors to address challenges confronting strict adherence to rule of law and access to justice in Sierra Leone.

Contextual Analysis


Imagine a situation whereby all persons and institutions, including government officials, are equally subjected to the same laws, rules, and society’s regulations. Also, imagine that those laws equally and consistently place restrictions on those in authority, preventing them from selectively applying them and from the arbitrary exercise of power. The rule of law requires a consistent and fair application of the law to every citizen, regardless of their colour, creed, origin, religion, sex and sexuality, and political party affiliation. The collapse of the rule of law ushers in criminality, inequality, sense of injustice, organized violence and insecurity. Sierra Leone paid dearly in human lives and properties when the rule of law collapsed and war broke out. The Truth and Reconciliation Commission that was established at the end of the war identified, among other things, widespread injustice, including lack of access to justice for the par and political opponents, abuse of authority by ruling elites for political ends, and a corrupt justice system as causes of the war. It made specific recommendations to regenerate the rule of law, including by abolishing laws allowing arbitrary arrest and detention under the guise of “safe custody”; that emergency powers by subjected to judicial review in order to prevent its abuse, among others. Many of the recommendations are yet to be implemented by the government.

 

The dearth of access to justice deprives people of exercising their fundamental rights such as challenging injustice, exclusion, inequality, or even holding policymakers accountable or access basic social amenities. For the rule of law to work more effectively, it is critical for access to justice to be availabel to all, including traditionally marginalized groups such as women and young people.

 

The benefit of the rule of law and access to justice is enormous for Sierra Leone. The rule of law and access to justice will enhance the country’s efforts towards good governance, fight against inequalities, combat corruption, and could serve as a core pillar for the wellbeing of the people. In contrast, there are significant costs associated with people’s inability to claim their rights and resolve legal and social problems . Thus, our focus at CARL is to use our capacity and technical knowledge to leverage relevant national authorities, civil society, and international development partners to promote the rule of law and ensure that citizens equally and consistently have access to justice.