October 2006 will be two years since the Truth and Reconciliation Commission published its findings. Some of the main findings included the following: that the war was caused by ‘bad governance, endemic corruption and the denial of basic human rights which created the deplorable conditions that made the war inevitable.’ The Report specified that young people were both perpetrators and victims; ‘women and girls suffered uniquely’, ‘chidren were singled out for some of the most brutal violations of human rights…most of the factions forced children into combat.’ The Commission also pointed fingers at external actors such as Libya and the National Patriotic Front of Liberia as key contributors to fueling the war.
In a bid to prevent another war, address impunity, respond to the needs of the victims and promote healing and reconciliation, the Commission recommended, inter alia, for the institution of reforms to protect human rights, establish the rule of law, security, promote good governance, reconciliation, and provide reparation for the victims. Although the recommendations call for non-state actors and foreign governments to contribute to the process, it is, however, important to note that the implementation of the bulk of the recommendations is the responsibility of the Government of Sierra Leone (GoSL). Furthermore, it is a fact that money is a necessary ingredient in the implementation process, nontheless, the most important resource is the political commitment of the GoSL. Unfortunately, this has not been forthcoming. For example, it took the government almost five months to issue the Whitepaper in response to the TRC Report. The response only manifested the government’s unwillingness to implement core recommendations of the TRC Report, such as repealing the death penalty and decriminalizing libel. Furthermore, just two months after the TRC issued its Report, ten people were sentenced to death. GoSL deliberately failed to issue a moratorium on all pending death sentences as recommended by the TRC Report. The question here is, why is the GoSL only enthusiastic about upholding laws that are averse to public interest?
Moreover, the Report recommended that the GoSL should provide reparation for victims. Part of the reparation should be for the establishment of a victims’ trust fund. While this is yet to happen, the government hardly deliver on aspects of the reparation that are even considered as routine governmental responsibilities; such as enhancing access to clean drinking water, regular electricity, affordable health facilities, and good roads.
With regards to legal reform, results have been too slow and far in between. The centrality of legal reform in consolidating the peace cannot be over emphasized, given the fact that distrust of the judicial system was one of the root causes of the war. Before the end of last year, civil society groups working on TRC follow-up hired the services of Sierra Leonean lawyers to draft an Omnibus Bill. The Bill was shared with some officials in the Government’s Law Officers Department. Furthermore, the Bill was presented to members of the Human Rights Committee who were expected to sponsor the Bill to be passed into law. Unfortunately, the Bill was never read in parliament. Though the recent governmental mandate to the Law Reform Commission (LRC) is deemed overdue, it is, however, a welcoming development.
The SLCMP wants to remind the GoSL and other stakeholders that the TRC recommendations did not emerge from oblivion; it is a creation of the Lome Peace Agreement. Therefore failing to implement it fully can only be seen as reneging on the terms agreed upon at Lome. Furthermore, the mere silence of guns does not fully signify peace. The presence of peace involves many things, including fully implementing peace agreement, instituting meaningful reforms, fulfilling campaign promises and combating the causes of the conflict. It is sad to note that, some of the root causes of the war still exist. That said, the SLCMP will like to encourage the GoSL to be the example of the changes Sierra Leoneans are craving for.
