By Foday Moriba Conteh
In a historic decision, the Economic Community of West African States (ECOWAS) Court has ruled that Sierra Leone’s colonial-era vagrancy laws discriminate against impoverished and marginalized communities, calling on the Government to take immediate action to repeal these outdated statutes. Amnesty International has welcomed this ruling, which underscores the ongoing need to abolish laws rooted in colonialism that criminalize vulnerable individuals based solely on their socioeconomic status.
Vagrancy laws, which criminalize “loitering” or being an “idle and disorderly person,” were introduced across Africa by colonial powers under the guise of maintaining public order. In Sierra Leone, these laws persist under the Public Order Act of 1965 and the Summary Conviction Offences Ordinance of 1906. Section 7 of the Public Order Act stipulates that anyone found “loitering” without visible means of subsistence or unable to “give a good account” of themselves may be imprisoned for up to one month. Amnesty International argues that these laws disproportionately affect those living in poverty and other marginalized groups, serving to punish individuals for their socioeconomic conditions rather than any genuine criminal activity.
The ECOWAS Court ruling on November 7, 2024, declared that Sierra Leone’s loitering laws violate the African Charter on Human and Peoples’ Rights. Specifically, the court found the laws breached the rights to non-discrimination and freedom of movement, protected under Articles 2, 3(1), and 12(1) of the African Charter. Additionally, the court highlighted that Sierra Leone’s failure to repeal these laws contradicts its obligations under Article 1, which mandates member states to uphold and guarantee rights enshrined in the Charter.
Amnesty International’s Regional Director for West and Central Africa, Samira Daoud, praised the ruling, calling it “a significant step forward in safeguarding the human rights of the most vulnerable members of our society.” She added, “This judgment reinforces that criminalizing loitering is inherently discriminatory and penalizes individuals for their social and economic circumstances rather than for any criminal wrongdoing.”
This historic ruling further points out that loitering laws are often vague and arbitrarily applied, making them inconsistent with international human rights standards. The court emphasized that the solution lies in supportive social interventions rather than punitive measures, which would better align with human rights obligations to protect vulnerable populations.
Amnesty International has long advocated for the abolition of vagrancy laws across the African continent, where such laws remain in force in 33 countries. The organization’s intervention in the ECOWAS case highlighted that loitering laws violate the right to dignity and discriminate against the poor, LGBTI individuals and sex workers, infringing on the principle of legality by targeting individuals for their socioeconomic status rather than any harmful behavior.
The ECOWAS Court’s decision has put pressure on Sierra Leone and other West African nations to align their domestic laws with international human rights standards, ensuring that legislation does not target or criminalize vulnerable populations. The court’s ruling reiterates the call for Sierra Leonean authorities to amend or abolish colonial-era statutes that continue to impose social and economic inequality.
As countries across Africa review their legal systems to eliminate discriminatory colonial laws, Amnesty International urges that Sierra Leone prioritize the immediate repeal of vagrancy laws, ensuring that justice and equality remain central to the nation’s legal framework.
